AN ACT relating to gaming; clarifying the
applicability of the requirement to obtain a license or a finding of
suitability where an interest which is already the subject of a license or
finding of suitability is placed in a trust; and providing other matters
properly relating thereto.

[Approved June 5, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. Chapter
463 of NRS is hereby amended by adding thereto a new section which shall read
as follows:

A person owning an interest in
a gaming establishment who is licensed or has been found suitable by the
commission does not have to requalify for a license or a finding of suitability
whenever he makes his interest the subject matter of a revocable trust in which
he retains the entire interest as the sole beneficiary. The settlor of such a
trust must file a copy of the trust instrument or any amendment thereof with
the board before the transfer of the interest becomes effective and before the
effective date of any amendment.

________

CHAPTER 583, SB 583

Senate Bill No.
583Committee on Taxation

CHAPTER 583

AN ACT making an additional and
supplemental appropriation to the department of taxation for budgeting changes;
and providing other matters properly relating thereto.

[Approved June 5, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. There
is hereby appropriated from the state general fund to the department of
taxation the sum of $90,000 to cover certain costs in carrying out budgeting
changes required by certain new legislation concerning property taxes. This
appropriation is additional and supplemental to that allowed and made by
section 12 of chapter 695, Statutes of Nevada 1979.

Sec. 2. Any
remaining balance of the appropriation made by section 1 of this act must not
be committed for expenditure after June 30, 1981, and reverts to the state
general fund as soon as all payments of money committed have been made.

Sec. 3. This
act shall become effective upon passage and approval.

________

κ1981
Statutes of Nevada, Page 1250κ

CHAPTER 584, SB 482

Senate Bill No.
482Committee on Judiciary

CHAPTER 584

AN ACT relating to the attorney general;
providing him with power to investigate and prosecute certain crimes committed
by state employees; permitting district attorneys to act in certain cases; and
providing other matters properly relating thereto.

[Approved June 5, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. Chapter
228 of NRS is hereby amended by adding thereto a new section which shall read
as follows:

1. As used in this
section state officer or employee means an elected officer of the state or
any state officer or employee who is compensated from the state treasury.

2. The attorney
general has primary jurisdiction to investigate and prosecute criminal offenses
committed by state officers or employees in the course of their duties or
arising out of circumstances related to their positions.

3. A district
attorney may investigate an offense specified in subsection 2 if:

(a) The attorney general
has stated in writing to the district attorney that the attorney general does
not intend to act in the matter; or

(b) The district attorney
has inquired in writing of the attorney general whether the attorney general
will act in the matter, and:

(1) The district
attorney has not received an answer in writing to his inquiry within 30 days
after making it; or

(2) The attorney
general has stated in writing to the district attorney that he will act in the
matter and has not filed a criminal action in the matter within 90 days after
making the statement.

4. When he is
acting pursuant to this section, the attorney general may commence his
investigation and file a criminal action without leave of court, and he has
exclusive charge of the conduct of the prosecution.

5. The fact that
the attorney general or a district attorney has not complied with any provision
of this section is not a defense in a criminal action.

AN ACT to amend the title of and to amend
an act entitled An Act relating to gaming licensing and associated revenue;
imposing an additional state tax on slot machines contingent upon the
expiration of the federal tax on slot machines; revising the distribution of
revenue from this source between the public schools and the state university;
authorizing the issuance of bonds for certain projects supported in part from
this revenue; and providing other matters properly relating thereto, approved
June 5, 1979.

[Approved June 5, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. Section
5 of the above-entitled act, being chapter 679, Statutes of Nevada 1979, at
page 1741, is hereby amended to read as follows:

Sec. 5. 1. The
board of regents, on the behalf and in the name of the [University]State of Nevada, shall, consistent with the
provisions of the [University]State Securities Law:

(a) Finance the
multipurpose pavilion project on the campus of the University of Nevada, Las
Vegas, by an expenditure not exceeding $30,000,000, and
defray [in whole or] in part the
cost of that project by the issuance of general
obligation bonds and other general obligation securities
of the [university]state. [in a total
principal amount not to exceed $30,000,000 whose principal and interest are to
be paid from the capital construction fund for higher education and the special
capital construction fund for higher education.]

(b) Finance the
multipurpose pavilion project on the campus of the University of Nevada, Reno, by an expenditure not exceeding $26,000,000, and defray
[in whole or] in part the cost of
that project by the issuance of general obligation bonds
and other securities of the [university]state. [in a total
principal amount not to exceed $26,000,000 whose principal and interest are to
be paid from the capital construction fund for higher education and the special
capital construction fund for higher education.]

2. The board of
regents shall proceed with construction of the two pavilions concurrently, [and] shall, to the best of [their]the
boards ability, attempt to provide for the completion of the two pavilions
at approximately the same time [.], and may issue the securities designated in subsection 1 in a
total amount not to exceed $40,000,000 except to the extent that the principal
amount of any such securities is funded or refunded with a like principal
amount of any subsequent issue of such securities.

3. If bonds or
other securities are issued pursuant to [subsection
1,]subsections 1 and 2, the faith
of the state is hereby pledged that [:

(a) If
section 3 of this amendatory act has become effective,] thetax imposed [thereby]by subsection 1 of NRS 463.385 and credited to the
capital construction fund for higher education and the special capital
construction fund for higher education pursuant to subsection 4 thereof will
not be repealed or diminished so as to impair the payment of principal or
interest upon those securities.

[(b) If
section 2 of this amendatory act remains effective, the tax imposed thereby
will not be permitted to decrease below the amount per slot machine which is
collected on the effective date of this section, and if necessary the
legislature will amend NRS 463.385 to impose that tax without reference to any
credit allowed by federal law.]

4. Subject
to the limitations as to maximum principal amounts in subsections 1 and 2, the
board of regents may issue to defray the cost of each project designated in
subsection 1 of this section, or any part of each project, at any time or from
time to time after the adoption of this amendatory act, general obligation
securities of the state, which are payable from general (ad valorem) taxes
levied annually in an amount sufficient to pay the interest on and the
principal of the securities as they become due, except to the extent other
money is lawfully made available therefor. The proceeds of any such taxes must
be appropriated for the payment of those securities, and this appropriation
must neither be repealed nor the taxes postponed or diminished, except to the
extent that other money is used for their payment, until the principal and
interest of those securities have been wholly paid. The payment of those
securities must be additionally secured by a pledge of the gross revenues
credited to the capital construction fund for higher education and the special
capital construction fund for higher education, and those securities must be
paid from the revenues in either or both of those accounts as the interest on,
any prior redemption premiums due in connection with, and the principal of the
securities become due.

5. As
permitted by subsection 4 of NRS 349.304, any interest or other gain from the
temporary investment of proceeds of securities pending their expenditure on
either project must be accounted for in an account or accounts for defraying,
and must be used to defray, the cost of either project, or both projects, or
accounted for in a reserve account, or reserve accounts therefor, until
sufficient money has been encumbered to assure the completion of each project.

6. After
revenues in the capital construction fund for higher education and the special
capital construction fund for higher education in any fiscal year are
transferred to an account or accounts for the payment of debt service on any
securities issued pursuant to this section and to any reserve account or
reserve accounts therefor as provided by the authorizing proceedings adopted by
the board of regents, any surplus revenues in either the capital construction
fund for higher education or the special capital construction fund for higher
education, or both those accounts, must, until sufficient money has been encumbered to assure the completion of each
multipurpose pavilion project, be encumbered for and expended on either or both
multipurpose pavilion projects, except to the extent that the surplus revenue
in those two accounts is otherwise appropriated by the Nevada legislature.

money has
been encumbered to assure the completion of each multipurpose pavilion project,
be encumbered for and expended on either or both multipurpose pavilion
projects, except to the extent that the surplus revenue in those two accounts
is otherwise appropriated by the Nevada legislature.

7. Any
securities issued pursuant to this section may be issued in such manner, at,
above, or below par, without limitation as to interest rate, effective interest
rate, or any discount, and may be sold by the board of regents at public sale
in accordance with the State Securities Law or at private sale.

8. This
section does not prevent the board of regents from funding, refunding, or
reissuing any outstanding general obligation state securities issued by the
board of regents on behalf of the state for the benefit of the University of
Nevada System, and payable from general (ad valorem) taxes, which payment is additionally
secured by a pledge of such excise tax proceeds credited to those two capital
accounts, at any time as provided in the State Securities Law.

9. Any
securities issued pursuant to this section must be executed as provided in the
State Securities Law in accordance with NRS 349.282 and also must be
countersigned by the chairman of the board of regents and also by the
chancellor and treasurer of the University of Nevada all in accordance with NRS
349.284.

10. The
powers conferred by this section are in addition to and supplemental to, and
the limitations imposed by this section do not affect, the powers conferred by
any other law, general or special; and securities may be issued under this
section without regard to the procedure required by any other such law except
as otherwise provided in this section or in the State Securities Law. Insofar
as the provisions of this section are inconsistent with the provisions of any
other law, general or special, the provisions of this section are controlling.

11. The
legislature finds and declares that the issuance of securities and the other
incurrence of indebtedness pursuant to this section are not for the protection
and preservation of any of the property or the natural resources within this
state or for obtaining the benefits thereof, and do not constitute an exercise
of the authority conferred by the second paragraph of section 3 of article 9 of
the constitution of the State of Nevada.

Sec. 2. The
title of the above-entitled act, being chapter 679, Statutes of Nevada 1979, at
page 1737, is hereby amended to read as follows:

AN ACT relating
to gaming licensing and associated revenue; imposing an additional state tax on
slot machines contingent upon the expiration of the federal tax on slot
machines; revising the distribution of revenue from this source between the
public schools and the state university; authorizing the issuance [of bonds for certain projects supported in part from
this revenue;]by the board of regents of
the state university of state general obligation
bonds and other state general obligation securities, supported from this
revenue, for certain projects for the benefit of the university; and providing
other matters properly relating thereto.

general
obligation bonds and other state general obligation securities, supported from
this revenue, for certain projects for the benefit of the university; and
providing other matters properly relating thereto.

Sec. 3. This
act shall become effective upon passage and approval.

________

CHAPTER 586, SB 512

Senate Bill No.
512Senator Getto

CHAPTER 586

AN ACT making appropriations to the
University of Nevada for the purchase of certain equipment for the Fallon
campus of the Western Nevada Community College; and providing other matters
properly relating thereto.

[Approved June 5, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. There
is hereby appropriated from the state general fund to the University of Nevada
the sum of $59,019 for the purchase of certain equipment for the Fallon campus
of the Western Nevada Community College.

Sec. 2. There
is hereby appropriated from the capital construction fund for higher education
to the University of Nevada the sum of $134,068 for the purchase of certain
equipment for the Fallon campus of the Western Nevada Community College.

Sec. 3. Any
remaining balances of the appropriations made by sections 1 and 2 of this act
must not be committed for expenditure after June 30, 1983, and revert to the
state general fund or the capital construction fund for higher education,
respectively, as soon as all payments of money committed have been made.

________

CHAPTER 587, SB 689

Senate Bill No.
689Committee on Taxation

CHAPTER 587

AN ACT relating to governmental finance;
providing specifically for the imposition or increase of service charges by
local governments; and providing other matters properly relating thereto.

[Approved June 5, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

1. A local
government shall not increase any fee for a license or permit
or adopt a fee for a license or permit or increase or impose a service charge,
[not previously assessed,] including without limitation every license or permit
issued for revenue or regulation or both, such as business licenses, liquor
licenses, gaming licenses, and building and zoning permits, except as permitted
by this section.

permit or adopt a fee for a license
or permit or increase or impose a service charge,[not previously
assessed,] including without limitation every license or permit
issued for revenue or regulation or both, such as business licenses, liquor
licenses, gaming licenses, and building and zoning permits, except as permitted
by this section. This prohibition does not apply to service charges or fees
imposed by hospitals, county airports, airport authorities, convention
authorities or the Las Vegas Valley Water District.

2. The rate
structure of any fee for a license or permit in effect on the date of passage
and approval of this act is the base from which any increase in such license or
permit fee must be calculated. On February 1 of each year the executive
director of the department of taxation shall certify the increase in the
Consumer Price Index for the preceding calendar year and shall furnish this
information to each local government. Subject to the further limitation imposed
by subsections 3 and 4, no fee for a permit or license may be increased more
often than once in any calendar year or by an amount greater than its amount
for the preceding calendar year multiplied by 80 percent of the increase in the
Consumer Price Index from the beginning of the preceding calendar year to the
beginning of the calendar year in which the increase is made.

3. A local
government must submit [any proposal to impose a
new charge for service and must submit] a proposal to increase a
fee for a license or permit to the executive director of the department of
taxation for approval if:

(a) The method of
computation of a fee for a license or permit is changed;

(b) The method of
computation existing on the date of passage and approval of this act is a fraction
or percentage of the gross revenue of the business;

(c) The classification
of a type of business is changed or new categories of business are added; or

(d) The license fee
for which increases are proposed has been increased between July 1, 1979, and
the date of passage and approval of this act.

A local government or any person
who may be required to pay the [charge or]
fee may appeal from the decision of the executive
director of the department of taxation to the interim legislative committee on
local governmental finance. The executive director and the committee shall
evaluate the proposal to determine whether the proposed change is consistent
with the purpose of this section to limit increases in the rate structure for
these revenues.

4. A local
government may not increase any fee for a license or permit which is calculated
as a fraction or percentage of the gross revenue of the business if its total
revenues from such fees have increased during the preceding calendar year by 80
percent or more of the increase in the Consumer Price Index during that
preceding calendar year.

5. A local government may increase any service charge which was
in effect on July 1, 1981, or whose imposition was approved after that date
pursuant to this section, to the extent:

(a) Necessary
to comply with any covenant relating to securities to whose repayment revenue
from the service charge is pledged; or

(b) Reasonably
necessary to meet the actual expense of providing the service, including the upkeep
of any property so used.

6. A
local government must submit any other proposal to increase a service charge to
the executive director of the department of taxation for approval, and the
local government or any person who may be required to pay the charge may,
within 30 days after the executive director makes his decision, appeal from his
decision to the interim legislative committee on local governmental finance. A
local government must submit any proposal to impose a new service charge to
that committee for its approval.

7. A
local government may submit an application for exemption from the provisions of
this section to the interim legislative committee on local governmental
finance, which may grant the exemption if it finds that:

(a) The conditions
prescribed in section 3.3 of this act for a temporary exemption exist, and
makes written findings of the facts supporting the exemption;

(b) The local
government has not previously charged a fee for a license or permit or imposed
a service charge; or

(c) The last increase
was not recent and the rates of the fees charged by the local government are at
a significantly lower level than those of other similar local governments in
the state.

[6.]8. The provisions of this section apply to
any license or permit for any purpose regardless of the fund to which the
revenue from it is assigned. An ordinance or resolution enacted by a local
government in violation of provisions of this section is void.

Sec. 21. 1. This
section and sections 18 to 20, inclusive, of this act shall become effective
upon passage and approval.

2. Except as provided in subsection 3:

(a) Sections
1 to 17, inclusive, of this act shall become effective upon passage and
approval for the purposes of preparing budgets and calculating levies.

[3.](b) For all other purposes, sections 1 to 17,
inclusive, of this act shall become effective July 1, 1981.

3. Section
5 of this act shall become effective upon the passage and approval of Senate
Bill No. 689 of this session.

Sec. 3. This
act shall become effective upon passage and approval.

________

κ1981
Statutes of Nevada, Page 1257κ

CHAPTER 588, SB 516

Senate Bill No. 516Committee
on Finance

CHAPTER 588

AN ACT increasing salaries of employees of
the State of Nevada in the classified service; providing for salary adjustments
in the classified service; making appropriations for the increases of salaries
from the state general fund and the state highway fund; and providing other
matters properly relating thereto.

[Approved June 5, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. 1. Except
as otherwise provided in this act, to effect a salary increase of approximately
8 percent and then an additional salary increase of $100 per month, both
effective January 1, 1981, there is hereby appropriated from the state general
fund to the state board of examiners for the fiscal period beginning January 1,
1981, and ending June 30, 1981, the sum of $4,339,000, and for the fiscal
periods beginning July 1, 1981, and ending June 30, 1982, and beginning July 1,
1982, and ending June 30, 1983, the sums of $7,109,000 and $7,731,000,
respectively, for the purpose of meeting any deficiencies which may be created
between the appropriated money of the respective departments, commissions and
agencies of the State of Nevada as fixed by the 60th and 61st sessions of the
legislature and the salary requirements of the classified personnel of those
departments, commissions and agencies necessary under an adjusted pay plan,
except those employees whose salaries have been retained, to become effective
on January 1, 1981.

2. There is hereby appropriated from the
state general fund to the state board of examiners for the fiscal period
beginning January 1, 1981, and ending June 30, 1981, the sum of $230,000, and
for the fiscal periods beginning July 1, 1981, and ending June 30, 1982, and
beginning July 1, 1982, and ending June 30, 1983, the sums of $500,000 and
$560,000, respectively, to provide for certain correctional officers and group
supervisors of the Nevada youth training center and the Nevada girls training
center in the classified service, a special salary adjustment of approximately
5 percent to become effective on January 1, 1981, and which is in addition to
all other salary adjustments authorized under this act. This special salary
adjustment is a part of the adjusted pay plan for the purposes of subsection 5.

3. There is hereby appropriated from the
state general fund to the state board of examiners for the fiscal period
beginning January 1, 1981, and ending June 30, 1981, the sum of $133,000, and
for the fiscal periods beginning July 1, 1981, and ending June 30, 1982, and
beginning July 1, 1982, and ending June 30, 1983, the sums of $290,000 and
$310,000, respectively, to provide for certain mental health technicians and
nurses in the classified service, a special salary adjustment of approximately
5 percent to become effective on January 1, 1981, and which is in addition to
all other salary adjustments authorized under this act. This special salary
adjustment is a part of the adjusted pay plan for the purposes of subsection 5.

4. There is hereby appropriated from the
state general fund to the state board of examiners for
the fiscal period beginning January 1, 1982, and ending June 30, 1982, the sum
of $2,252,000, and for the fiscal period beginning July 1, 1982, and ending
June 30, 1983, the sum of $4,688,000, to provide a maximum 8 percent salary
adjustment for classified employees described in subsection 1, based on the
movement of the National Consumer Price Index, except those employees whose
salaries have been retained, to take effect January 1, 1982, and to be
effective through June 30, 1983.

state board of examiners for the fiscal period beginning
January 1, 1982, and ending June 30, 1982, the sum of $2,252,000, and for the
fiscal period beginning July 1, 1982, and ending June 30, 1983, the sum of
$4,688,000, to provide a maximum 8 percent salary adjustment for classified
employees described in subsection 1, based on the movement of the National
Consumer Price Index, except those employees whose salaries have been retained,
to take effect January 1, 1982, and to be effective through June 30, 1983. The
percentage increase must be determined by using the National Consumer Price
Index published by the Bureau of Labor Statistics of the United States
Department of Labor for the months of October 1980 through September 1981, not
to exceed 8 percent.

5. The state board of examiners, upon the
recommendation of the chief of the personnel division of the department of
administration, may allocate and disburse to the various departments,
commissions and agencies of the State of Nevada out of the money appropriated
by this section such sums of money as may from time to time be required, which
when added to the money otherwise appropriated or available equals the amount
of money required to meet and pay the salary needs of the respective
departments, commissions and agencies under the adjusted pay plan.

Sec. 2. 1. To
effect a salary increase of approximately 8 percent and then an additional
salary increase of $100 per month, both effective January 1, 1981, there is
hereby appropriated from the state highway fund to the state board of examiners
for the fiscal period beginning January 1, 1981, and ending June 30, 1981, the
sum of $530,000, and for the fiscal periods beginning July 1, 1981, and ending
June 30, 1982, and beginning July 1, 1982, and ending June 30, 1983, the sums
of $1,019,000 and $1,100,000, respectively, for the purpose of meeting any
deficiencies which may exist between the appropriated money of the department
of motor vehicles as fixed by the 60th and 61st sessions of the legislature and
the salary requirements of classified personnel of the department of motor
vehicles necessary under an adjusted pay plan, except those employees whose
salaries have been retained, to become effective January 1, 1981.

2. There is hereby appropriated from the
state highway fund to the state board of examiners for the fiscal period
beginning January 1, 1982, and ending June 30, 1982, the sum of $308,000, and
for the fiscal period beginning July 1, 1982, and ending June 30, 1983, the sum
of $669,000, to provide a maximum 8 percent salary adjustment for classified
employees of the department of motor vehicles, based on the movement of the
National Consumer Price Index, except those employees whose salaries have been
retained, to take effect January 1, 1982, and to be effective through June 30,
1983. The percentage increase must be determined by using the National Consumer
Price Index published by the Bureau of Labor Statistics of the United States
Department of Labor for the months of October 1980 through September 1981, not
to exceed 8 percent.

3. The state board of examiners, upon the
recommendation of the chief of the personnel division of the department of
administration, may allocate and disburse to the department of motor vehicles
out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money
otherwise appropriated or available equals the amount of money required to meet
and pay the salary needs of the department of motor vehicles under the adjusted
pay plan.

time to time be required, which when added to the money
otherwise appropriated or available equals the amount of money required to meet
and pay the salary needs of the department of motor vehicles under the adjusted
pay plan.

Sec. 3. 1. To
effect a salary increase of approximately 8 percent and then an additional
salary increase of $100 per month, both effective January 1, 1981, there is
hereby appropriated from the state general fund to the state board of examiners
for the fiscal period beginning January 1, 1981, and ending June 30, 1981, the
sum of $1,347,000, and for the fiscal periods beginning July 1, 1981, and
ending June 30, 1982, and beginning July 1, 1982, and ending June 30, 1983, the
sums of $2,065,000 and $2,115,000, respectively, for the purpose of meeting any
deficiencies which may be created between the appropriated money of the
University of Nevada System as fixed by the 60th and 61st sessions of the
legislature and the salary requirements of the classified personnel of the
University of Nevada System necessary under the adjusted pay plan, except those
employees whose salaries have been retained, to become effective January 1,
1981.

2. There is hereby appropriated from the
state general fund to the state board of examiners for the fiscal period
beginning January 1, 1982, and ending June 30, 1982, the sum of $571,000, and
for the fiscal period beginning July 1, 1982, and ending June 30, 1983, the sum
of $1,177,000, to provide a maximum 8 percent salary adjustment for classified
employees of the University of Nevada System, based on the movement of the
National Consumer Price Index, except those employees whose salaries have been
retained, to take effect January 1, 1982, and to be effective through June 30,
1983. The percentage increase must be determined by using the National Consumer
Price Index published by the Bureau of Labor Statistics of the United States
Department of Labor for the months of October 1980 through September 1981, not
to exceed 8 percent.

3. The state board of examiners, upon the
recommendation of the chief of the personnel division of the department of
administration, may allocate and disburse to the University of Nevada System
out of the money appropriated by this section such sums of money as may from
time to time be required, which when added to the money otherwise appropriated
or available equals the amount of money required to meet and pay the salary
needs of the classified employees of the University of Nevada System under the
adjusted pay plan.

Sec. 4. The
money appropriated for fiscal years 1981-82 and 1982-83, in sections 1 to 3,
inclusive, of this act is available for both fiscal years 1981-82, and 1982-83,
and may be transferred from one fiscal year to the other with the approval of
the governor upon the recommendation of the chief of the budget division of the
department of administration.

Sec. 5. This
act shall become effective upon passage and approval and shall operate
retroactively from January 1, 1981.

________

κ1981
Statutes of Nevada, Page 1260κ

CHAPTER 589, SB 714

Senate Bill No.
714Committee on Finance

CHAPTER 589

AN ACT relating to the state personnel
system; providing for increases in the salaries of persons serving in the
unclassified service of the state; making an appropriation; and providing other
matters properly relating thereto.

[Approved June 5, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. The
following state officers and employees in the unclassified service of the State
of Nevada are entitled to receive annual salaries of not more than the
approximate maximum amounts set forth following their specified titles or
positions:

Sec. 2. 1. There
is hereby appropriated from the state general fund to the state board of
examiners, for the period beginning January 1, 1981, and ending June 30, 1981,
the sum of $437,572, for the purpose of meeting any deficiencies which may be
created between appropriated money of the respective departments, commissions
and agencies of the State of Nevada, other than the state gaming control board,
as fixed by the 60th session of the legislature and the salary requirements of
the current unclassified personnel of those departments, commissions and
agencies approved by the 61st session of the legislature, effective January 1,
1981. Employees whose positions are abolished effective July 1, 1981, are
entitled to the retroactive pay adjustment between January 1, 1981, and June
30, 1981, inclusive.

2. The state board of examiners, upon the
recommendation of the director of the department of administration, may
allocate and disburse to the various departments, commissions and agencies the
amounts necessary to effect salary increases approved for the unclassified
service by the 61st session of the legislature.

Sec. 3. 1. There
is hereby appropriated from the state general fund to the state board of
examiners for the period beginning January 1, 1982, and ending June 30, 1982,
the sum of $241,220, and for the period beginning July 1, 1982, and ending June
30, 1983, the sum of $483,527, for the purpose of providing a salary adjustment
of not more than 8 percent for unclassified employees, based on the movement of
the National Consumer Price Index, to take effect January 1, 1982, and to be
effective through June 30, 1983. The percentage of the increase must be
determined by using the National Consumer Price Index, published by the Bureau
of Labor Statistics, United States Department of Labor, for the months of
October 1980 through September 1981.

2. The state board of examiners, upon the
recommendation of the director of the department of administration, may
allocate and disburse to various departments, commissions and agencies the
amounts necessary to effect salary increases approved for the unclassified
service by the 61st session of the legislature.

Sec. 4. 1. There
is hereby appropriated from the state general fund to the state board of
examiners, for the period beginning January 1, 1981, and ending June 30, 1981,
the sum of $406,152, for the purpose of meeting any deficiencies which may
exist between appropriated money for the salaries for current unclassified
employees in the state gaming control board as fixed by the 60th session of the
legislature and the requirements of current unclassified personnel of the state
gaming control board necessary to effect salary increases for current
unclassified employees as approved by the 61st session of the legislature, to
become effective January 1, 1981. Employees whose positions are abolished
effective July

1, 1981, are entitled to the retroactive pay adjustment
between January 1, 1981, and June 30, 1981, inclusive.

2. The state board of examiners, upon the
recommendation of the director of the department of administration, may
allocate and disburse to the state gaming control board out of money
appropriated by subsection 1 such sums of money as from time to time may be
required which when added to money otherwise appropriated or available equals
the amount required to pay the salaries of current unclassified employees of
the state gaming control board required as a result of salary recommendations
approved by the 61st session of the legislature.

Sec. 5. 1. There
is hereby appropriated from the state general fund to the state board of
examiners, for the period beginning January 1, 1982, and ending June 30, 1982,
the sum of $233,946, and for the period beginning July 1, 1982, and ending June
30, 1983, the sum of $468,948, for the purpose of providing a maximum salary
adjustment of not more than 8 percent for unclassified employees in the state
gaming control board, based on the movement of the National Consumer Price
Index, to take effect January 1, 1982, and to be effective through June 30,
1983. The percentage of the increase must be determined by using the National
Consumer Price Index, published by the Bureau of Labor Statistics, United
States Department of Labor, for the months of October 1980 through September
1981.

2. The state board of examiners, upon the
recommendation of the director of the department of administration, may
allocate and disburse to the state gaming control board out of money
appropriated by subsection 1 such sums of money as from time to time may be
required, which when added to money otherwise appropriated or available equals
the amount required to pay the salaries of the unclassified employees of the
state gaming control board required as a result of salary recommendations approved
by the 61st session of the legislature.

Sec. 6. 1. There
is hereby appropriated from the state highway fund to the state board of
examiners, for the period beginning January 1, 1981, and ending June 30, 1981,
the sum of $21,480, for the purpose of meeting any deficiencies which may exist
between appropriated money for salaries for current unclassified employees in
the department of motor vehicles and appropriate current employees of the
attorney generals office as fixed by the 60th session of the legislature and
the requirements of current unclassified personnel of the department of motor
vehicles and appropriate current unclassified employees of the attorney
generals office necessary to effect salary increases for current unclassified
employees as approved by the 61st session of the legislature, to become
effective January 1, 1981. Employees whose positions are abolished effective
July 1, 1981, are entitled to the retroactive pay adjustment between January 1,
1981, and June 30, 1981, inclusive.

2. The state board of examiners, upon the
recommendation of the director of the department of administration, may
allocate and disburse to the department of motor vehicles and appropriate
employees of the attorney generals office out of money appropriated by
subsection 1 such sums of money as from time to time may be required, which
when added to money otherwise appropriated or available
equals the amount of money required to pay the salaries of current unclassified
employees of the department of motor vehicles and appropriate current
unclassified employees of the attorney generals office required as a result of
salary recommendations approved by the 61st session of the legislature.

to money otherwise appropriated or available equals the
amount of money required to pay the salaries of current unclassified employees
of the department of motor vehicles and appropriate current unclassified
employees of the attorney generals office required as a result of salary
recommendations approved by the 61st session of the legislature.

Sec. 7. 1. There
is hereby appropriated from the state highway fund to the state board of
examiners for the period beginning January 1, 1982, and ending June 30, 1982,
the sum of $14,069, and for the period beginning July 1, 1982, and ending June
30, 1983, the sum of $28,146, for the purpose of providing a maximum salary
adjustment of not more than 8 percent to unclassified employees in the department
of motor vehicles and appropriate employees of the attorney generals office,
based on the movement of the National Consumer Price Index, to take effect
January 1, 1982, and to be effective through June 30, 1983. The percentage of
the increase must be determined by using the National Consumers Price Index,
published by the Bureau of Labor Statistics, United States Department of Labor,
for the months of October 1980 through September 1981.

2. The state board of examiners, upon the
recommendation of the director of the department of administration, may
allocate and disburse to the department of motor vehicles and the attorney
generals office out of money appropriated by subsection 1 such sums of money
as from time to time may be required, which when added to money otherwise
appropriated or available equals the amounts of money required to pay the
salaries of unclassified employees of the attorney generals office and the
public service commission of Nevada required as a result of salary
recommendations approved by the 61st session of the legislature.

Sec. 8. The
money appropriated for the fiscal years 1981-82 and 1982-83 in sections 2 to 7,
inclusive, of this act, is available for both fiscal years 1981-82 and 1982-83,
and may be transferred from one fiscal year to the other with the approval of
the governor upon the recommendation of the chief of the budget division of the
department of administration.

Sec. 9. NRS
180.030 is hereby amended to read as follows:

180.030 1. The state public
defender may employ:

(a) Deputy state public defenders [, who shall be] in the unclassified
service of the state. [and receive a salary as
provided in NRS 284.182.]

(b) Clerical, investigative and other necessary
staff [, who shall be] in the
classified service of the state.

2. Each deputy state public defender [shall]must be
an attorney licensed to practice law in Nevada, and shall not engage in the
practice of law, except in performing the duties of his office.

3. The state public defender and the
employees of his office [shall]are entitled to receive the traveling expenses and
subsistence allowances provided by law.

2.] Assistant
parole and probation officers and employees of the board
(except as provided in subsection 3 of NRS 284.140) [shall be] are in the
classified service of the state and [shall] are entitled to receive such
salaries as are fixed in accordance with the pay plan adopted pursuant to the
provisions of chapter 284 of NRS.

board (except as provided in subsection 3 of NRS 284.140) [shall be]are in
the classified service of the state and [shall]are entitled to receive such salaries as are
fixed in accordance with the pay plan adopted pursuant to the provisions of
chapter 284 of NRS.

[3.]2. The chief parole and probation officer,
assistant parole and probation officers, the executive secretary and employees
of the board [shall]are entitled to receive the per diem expense allowances
and travel expenses as fixed by law.

[4.]3. The compensation, salaries and expenses
of the executive secretary and employees of the board [shall]must be paid, upon certification by the secretary
of the board, in the same manner as those of other state officers and
employees.

[5.]4. The chief parole and probation officer
shall devote his entire time and attention to the business of his office and
shall not pursue any other business or occupation or hold any other office of
profit.

3. [Be]Is in the unclassified service of the State of
Nevada under chapter 284 of NRS.

[4. Receive
an annual salary in the amount specified in NRS 284.182.]

Sec. 12. NRS
223.085 is hereby amended to read as follows:

223.085 Employees in the governors
office in the unclassified service of the state [shall
receive annual salaries in the amounts determined pursuant to the provisions of
NRS 284.182. Such employees] shall devote their entire time and
attention to the business of their offices and shall not pursue any other
businesses or occupations or hold any other offices of profit.

Sec. 13. NRS
225.060 is hereby amended to read as follows:

225.060 1. The secretary of
state [shall have the power]may, under his hand and seal, [to] appoint deputies [,]in the
unclassified service of the state, who may, during [the absence of the secretary of state]his absence from the office, perform all the duties of
a ministerial nature belonging to the office.

2. For his own security, the secretary of
state may require each deputy to give him a bond in such sum and with such
sureties as he may deem sufficient.

3. [Deputies
and other employees in the unclassified service of the state shall receive
annual salaries in the amounts determined pursuant to the provisions of NRS
284.182.

4.] Such
deputies and other employees shall devote their entire time and attention to
the business of their offices and shall not pursue any other businesses or
occupations or hold any other office of profit.

Sec. 14. NRS
226.100 is hereby amended to read as follows:

226.100 1. The state
treasurer may appoint and employ a chief deputy and a deputy cashier [.]in the
unclassified service of the state.

2. [The
chief deputy state treasurer and the deputy cashier shall receive annual salaries in the amounts determined pursuant to
the provisions of NRS 284.182.

receive annual salaries in the
amounts determined pursuant to the provisions of NRS 284.182.

3.] The
chief deputy state treasurer and deputy cashier shall devote their entire time
and attention to the business of their offices and shall not pursue any other
businesses or occupations or hold any other offices of profit.

Sec. 15. NRS
227.100 is hereby amended to read as follows:

227.100 1. The state
controller [is authorized to]may appoint a deputy [,
who shall have power,]in the unclassified
service of the state, who may, in the absence of the state controller, [to] do all acts devolving upon and
necessary to be performed by the state controller, except the signing of state
warrants and bonds.

2. [The
deputy state controller and other employees in the office of the state
controller in the unclassified service of the state shall receive annual
salaries in the amounts determined pursuant to the provisions of NRS 284.182.

3.] The
deputy state controller and other employees shall devote their entire time and
attention to the business of their offices and shall not pursue any other
businesses or occupations or hold any other offices of profit.

Sec. 16. NRS
228.080 is hereby amended to read as follows:

228.080 1. The attorney
general [is authorized to]may appoint as many deputies as he may deem necessary
to perform fully the duties of his office. All deputies so appointed [shall have the power to]may perform all duties now required of the attorney
general.

2. Before entering upon the discharge of
his duties, each deputy so appointed shall take and subscribe to the
constitutional oath of office, which [shall]must be filed in the office of the secretary of
state.

3. Deputy attorneys general shall [receive annual salaries in the amounts specified in
NRS 284.182. Deputy attorneys general shall] not engage in the
private practice of law. [after
July 1, 1975.]

Sec. 17. NRS
231.080 is hereby amended to read as follows:

231.080 1. The director of
the department [shall be]is appointed by and [be]is responsible to the governor. The person
appointed as director [shall]must have had successful experience in the administration
and promotion of a program comparable to that provided in this chapter. The
director [shall be]is in the unclassified service [as
provided by the provisions of chapter 284 of NRS.]of the state.

2. The director [shall
receive:

(a) An annual salary in
the amount determined pursuant to the provisions of NRS 284.182.

(b) The]is entitled to receive the per diem expense allowance
and travel expenses as fixed by law.

3. He shall devote his entire time to the
duties of his office, and he shall not follow [no]any other
gainful employment or occupation.

Sec. 18. NRS
231.110 is hereby amended to read as follows:

231.110 1. Subject to the
provisions of chapter 284 of NRS, the director shall appoint such professional,
technical, clerical and operational staff as the execution of his duties and
the operation of the department may require.

may require. [, the appointments to be made in accordance with the
provisions of chapter 284 of NRS.]

2. [Employees]Each employee of the department who is in the unclassified service of the state [shall receive annual salaries in the amounts
determined pursuant to the provisions of NRS 284.182, and each]
shall devote his entire time and attention to the business of his office and
shall not pursue any other business or occupation or hold any other office of
profit.

Sec. 19. NRS
232.050 is hereby amended to read as follows:

232.050 1. The director [shall be]is appointed
by and [be]is
responsible to the governor and [shall not
be in the classified]is in the
unclassified service of the state.

2. [He
shall receive:

(a) An annual salary in
the amount determined pursuant to the provisions of NRS 284.182.

(b) The]The director is entitled to receive the per diem
expense allowance and travel expenses as provided by law.

3. [The
director]He shall devote his
entire time and attention to the business of his office and shall not pursue
any other business or occupation or hold any other office of profit.

Sec. 20. NRS
232.055 is hereby amended to read as follows:

232.055 1. The director
shall appoint two assistant directors of the department and shall assign their
duties.

2. Each assistant director is in the
unclassified service of the state and is entitled to receive [:

(a) An annual salary in
the amount determined pursuant to the provisions of NRS 284.182.

3. Each assistant director shall devote
his entire time and attention to the business of his office and shall not
engage in any other gainful employment or occupation.

Sec. 21. NRS
232.060 is hereby amended to read as follows:

232.060 [1.] The
director shall appoint, pursuant to chapter 284 of NRS, such technical, clerical
and operational staff as the execution of his duties and the operation of the
department may require.

[2. Employees
in the unclassified service of the state shall receive annual salaries in the
amounts determined pursuant to the provisions of NRS 284.182.]

Sec. 22. NRS
232.080 is hereby amended to read as follows:

232.080 [1.] The
attorney general is the counsel and attorney for the department. The attorney
general, with the advice and consent of the director, shall designate one of
his deputies to be counsel and attorney for the department in all actions,
proceedings and hearings. The deputy so designated: [shall:

(a) Be]1. Is the legal adviser of the department
in all matters relating to the department and to the powers and duties of its
officers.

[(b) Maintain]2. Shall maintain his office in
Carson City, Nevada, in an office provided by the department.

[(c) Be]3. Is in the unclassified service of
the state pursuant to subsection 5 of NRS 284.140.

[2. The
compensation of such deputy shall be in the amount specified in NRS 284.182.]

Sec. 23. NRS
232.139 is hereby amended to read as follows:

232.139 The chiefs of the divisions of
the department may each appoint a deputy and a chief assistant in the
unclassified service of the state pursuant to the provisions of chapter 284 of
NRS. [Such employees shall receive annual
salaries in the amounts determined pursuant to the provisions of NRS 284.182.]
Each deputy and chief assistant shall devote his entire time and attention to
the business of his office and shall not pursue any other business or
occupation or hold any other office of profit.

Sec. 24. NRS
232.180 is hereby amended to read as follows:

232.180 The director: [shall:]

1. [Be]Is appointed by, [be]is responsible to, and [serve]serves at the pleasure of the governor.

2. [Be]Is in the unclassified service of the state
pursuant to the provisions of chapter 284 of NRS.

3. [Receive
an annual salary in an amount determined pursuant to the provisions of NRS
284.182.

4. Receive]Is entitled to receive the travel expenses and
subsistence allowances fixed by law for state officers and employees.

[5. Not]4. Shall not engage in any other
gainful employment or occupation.

[6. Be]5. Must be selected with special
reference to his training or experience in the services provided by the
department.

Sec. 25. NRS
232.210 is hereby amended to read as follows:

232.210 The chiefs of the divisions of
the department may each appoint a deputy and a chief assistant in the
unclassified service of the state pursuant to the provisions of chapter 284 of
NRS, unless federal law or regulation requires otherwise. [Such employees in the unclassified service of the
state shall receive annual salaries in the amounts determined pursuant to the
provisions of NRS 284.182.] Each deputy and chief assistant shall
devote his entire time and attention to the business of his office and shall
not pursue any other business or occupation or hold any other office of profit.

Sec. 26. NRS
232.214 is hereby amended to read as follows:

232.214 The director: [shall:]

1. [Be]Is appointed by, [be]is responsible to, and [serve]serves at the pleasure of the governor.

2. [Be]Is in the unclassified service of the state
pursuant to the provisions of chapter 284 of NRS.

3. [Receive
an annual salary in an amount determined pursuant to NRS 284.182.

4. Receive]Is entitled to receive the travel expenses and
subsistence allowances fixed by law for state officers and employees.

[5. Not]4. Shall not engage in any other
gainful employment or occupation.

232.217 The chief of the budget division
may appoint a deputy and a chief assistant in the unclassified service of the
state, who shall [receive annual salaries
determined pursuant to NRS 284.182 and shall] not engage in any
other gainful employment or occupation.

Sec. 28. NRS
232.240 is hereby amended to read as follows:

232.240 The director:[shall:]

1. [Be]Is appointed by, [be]is responsible to, and [serve]serves at the pleasure of the governor.

2. [Be]Is in the unclassified service of the state
pursuant to the provisions of chapter 284 of NRS.

3. [Receive
an annual salary in an amount determined pursuant to the provisions of NRS
284.182.

4. Receive]Is entitled to receive the travel expenses and
subsistence allowances fixed by law for state officers and employees.

[5. Not]4. Shall not engage in any other
gainful employment or occupation.

[6. Have]5. Must have had at least 5 years of
responsible administrative experience in public or business administration or [shall]must
possess broad management skills in areas related to the functions of agencies
composing the department.

[7. Be]6. Must be selected with special
reference to his training, experience and aptitude for coordinating agencies
dealing with commercial activities such as insurance, banking, real estate and
marketing of securities. His knowledge and abilities should include the
following:

(a) A comprehensive knowledge of administrative
principles and a working knowledge of broad principles relating to subject
matters under his administrative direction.

(b) Administrative ability to assess the
adequacy of agency operations and the protection of the public interest as
related to the subject fields.

(c) Ability to organize and present oral and
written communication to the governor, the legislature and other pertinent
officials or persons.

Sec. 29. NRS
232.270 is hereby amended to read as follows:

232.270 The chief of each of the
divisions of the department: [shall:]

1. [Be]Is in the unclassified service of the state
pursuant to the provisions of chapter 284 of NRS.

2. [Receive
an annual salary in an amount determined pursuant to the provisions of NRS
284.182.

3. Administer]Shall administer the provisions of law relating
to his division, subject to the administrative supervision of the director.

[4. Devote]3. Shall devote his entire time and
attention to the business of his office and shall not pursue any other business
or occupation or hold any other office of profit, except for temporary and
part-time teaching duties on a university campus.

Sec. 30. NRS
232.280 is hereby amended to read as follows:

232.280 Except for the state fire
marshal, the chiefs of the divisions of the department may each appoint a
deputy and a chief assistant in the unclassified service of the state pursuant
to the provisions of chapter 284 of NRS. [Such
employees shall receive annual salaries in the amounts determined pursuant to the provisions of NRS 284.182.]

determined pursuant to the provisions
of NRS 284.182.] Each deputy and chief assistant shall devote his
entire time and attention to the business of his office and shall not pursue
any other business or occupation or hold any other office of profit.

Sec. 31. NRS
232.310 is hereby amended to read as follows:

232.310 The director: [shall:]

1. [Be]Is appointed by, [be]is responsible to, and [serve]serves at the pleasure of the governor.

2. [Be]Is in the unclassified service of the state
pursuant to the provisions of chapter 284 of NRS.

3. [Receive
an annual salary in an amount determined pursuant to the provisions of NRS
284.182.

4. Receive]Is entitled to receive the travel expenses and
subsistence allowances fixed by law for state officers and employees.

[5. Not]4. Shall not engage in any other
gainful employment or occupation.

[6. Have had]5. Must have broad, responsible
experience in the field of administration or possess broad management skills or
working knowledge of the field of social services administration.

[7. Be]6. Must be selected with special
reference to his training, experience and aptitude for coordinating related
functions of public health, welfare and social service agencies. His knowledge
and abilities should include the following:

(a) A comprehensive knowledge of administrative
principles, and a working knowledge of principles of public finance and the
laws, rules and regulations pertaining to public agencies.

(b) Administrative ability to assess the
operating efficiency of component agencies and to delegate authority and duties
to responsible division and agency heads.

(c) Ability to organize and clearly present oral
and written findings and recommendations to the governor, the legislature and
other officials and agencies.

Sec. 32. NRS
232.340 is hereby amended to read as follows:

232.340 The chief of each division of the
department:

1. Is in the unclassified service of the
state pursuant to the provisions of chapter 284 of NRS, unless federal law or
regulation requires otherwise, in which case he is in the classified service of
the state pursuant to the provisions of that chapter.

2. [Is
entitled to receive an annual salary in an amount determined pursuant to the
provisions of NRS 284.182, unless he is in the classified service of the state,
in which case his salary must, unless otherwise fixed by law, be fixed pursuant
to the provisions of chapter 284 of NRS.

3.] Shall
administer the provisions of law relating to his division, subject to the
administrative supervision of the director.

[4.]3. Shall devote his entire time and
attention to the business of his office and shall not pursue any other business
or occupation or hold any other office of profit.

Sec. 33. NRS
232.350 is hereby amended to read as follows:

232.350 The chiefs of the divisions of
the department may each appoint a deputy and a chief assistant in the
unclassified service of the state pursuant to the provisions of chapter 284 of
NRS, unless federal law or regulation requires otherwise.

law or regulation requires otherwise. [Such deputies and assistants are entitled to receive
annual salaries in the amounts determined pursuant to the provisions of NRS
284.182.]

Sec. 34. NRS
232.450 is hereby amended to read as follows:

232.450 1. The
superintendents of the Nevada youth training center, the Nevada girls training
center, the northern Nevada childrens home and the southern Nevada childrens
home are [:

(a) In]in the unclassified service of the state pursuant to
the provisions of chapter 284 of NRS, unless federal law or regulation requires
otherwise, in which case the superintendent affected is in the classified
service of the state pursuant to the provisions of that chapter.

[(b) Entitled to
receive annual salaries as determined pursuant to the provisions of NRS
284.182, unless a superintendent is in the classified service of the state, in
which case his salary must, unless otherwise fixed by law, be fixed pursuant to
the provisions of chapter 284 of NRS.]

2. The chief of the child care services
bureau and the chief of the youth parole bureau are [:

(a) In]in the classified service of the state pursuant to the
provisions of chapter 284 of NRS.

[(b) Entitled to
receive annual salaries in amounts fixed pursuant to the provisions of chapter
284 of NRS.]

Sec. 35. NRS
233.050 is hereby amended to read as follows:

233.050 1. The governor
shall appoint a chairman of the commission and the members shall elect a
secretary from the membership of the commission.

2. The commission shall meet at least
twice a year on the call of the chairman at a place designated by the chairman
or a majority of the commission.

3. Employees of the commission [shall be]are in
the unclassified service of the state.[and shall receive annual salaries in the amounts
determined pursuant to the provisions of NRS 284.182.]

Sec. 36. NRS
233A.055 is hereby amended to read as follows:

233A.055 1. The governor,
upon recommendation of the commission, shall appoint an executive director of
the commission who has had successful experience in the administration and
promotion of a program comparable to that provided by this chapter.

2. The executive director of the
commission [shall be]is in the unclassified service of the state. [as provided in chapter
284 of NRS and shall receive an annual salary in an amount determined pursuant
to the provisions of NRS 284.182 in addition to]He is entitled to receive the per diem expense
allowance and travel expenses fixed by NRS 281.160.

3. The executive director of the
commission shall devote his entire time to the duties of his office and shall not follow [no]any other gainful employment or occupation.

Sec. 37. NRS
284.013 is hereby amended to read as follows:

284.013 1. [Except for the provisions of NRS 284.182, this]This chapter does not apply to:

(a) Agencies, bureaus, commissions, officers or
personnel in the legislative department or the judicial department of state
government; or

(b) Members of the Nevada gaming commission or
members of the state gaming control board.

2. Terms and conditions of employment of
all persons referred to in subsection 1, including salaries not [set forth in NRS 284.182]prescribed by law and leaves of absence (including,
without limitations, annual leave and sick and disability leave), must be fixed
by the appointing or employing authority within the limits of legislative
appropriations or authorizations, but leaves of absence so prescribed must not
be of lesser duration than those provided for other state officers and
employees pursuant to the provisions of this chapter.

Sec. 38. NRS
341.100 is hereby amended to read as follows:

341.100 1. The board may
appoint a manager and technical supervisor, and such other technical and
clerical assistants as may be necessary to carry into effect the purposes of
its acts.

2. The manager and technical supervisor
of the board and his deputy [shall receive annual
salaries in the amounts determined pursuant to the provisions of NRS 284.182.]are in the unclassified service of the state.

3. The manager and technical supervisor
of the board [,] and his deputy: [, shall each:]

(a) [Be]Must each be a registered professional engineer
pursuant to the provisions of chapter 625 of NRS [;]
or

[(b) Be]
an architect licensed under the provisions of chapter 623 of NRS; and

[(c) Devote](b) Shall each devote his entire time and
attention to the business of his office and shall not pursue any other business
or occupation or hold any other office of profit.

Sec. 39. NRS
360.120 is hereby amended to read as follows:

360.120 1. The department of
taxation is hereby created.

2. The head of the department is the
Nevada tax commission. The chief administrative officer of the department is
the executive director, who [shall be]is appointed by the governor.

3. [For his
services, the]The executive
director [shall receive an annual salary in an
amount determined pursuant to the provisions of NRS 284.182.]is in the unclassified service of the state.

4. The executive director shall devote
his entire time and attention to the business of his office and shall not
pursue any other business or occupation or hold any other office of profit
which detracts from the full and timely performance of his duties.

Sec. 40. NRS
385.170 is hereby amended to read as follows:

385.170 The superintendent of public
instruction is entitled to receive [an annual
salary in an amount determined pursuant to the provisions of NRS 284.182, and]
subsistence and travel expenses as provided by law. The superintendent shall
not pursue any other business or occupation or hold any other office of profit
without the approval of the state board of education.

Sec. 41. NRS
385.320 is hereby amended to read as follows:

385.320 [1.] The
deputy superintendent of public instruction and the associate superintendent
for administration: [are]

2. Are entitled
to receive [annual salaries in the amounts
determined pursuant to the provisions of NRS 284.182, and]
subsistence and travel expenses as provided by law.

[2. Money
to carry out the provisions of this section must be provided by direct
legislative appropriation from the state general fund, and must be paid out on
claims as other claims against the state are paid.]

3. [The
deputy superintendent of public instruction and associate superintendent for
administration each shall]Shall each devote
his entire time and attention to the business of his office and shall not
pursue any other business or occupation or hold any other office of profit.

Sec. 42. NRS
407.045 is hereby amended to read as follows:

407.045 1. [The administrator shall receive an annual salary in an
amount determined pursuant to the provisions of NRS 284.182.

2.] The
salary of the administrator may be apportioned and paid from any money
available to the division, unless otherwise provided by law.

[3.]2. The administrator [shall]is
entitled to receive the per diem expense allowance and travel expenses
provided by law.

[4.]3. The administrator shall devote his
entire time and attention to the business of his office and shall not pursue
any other business or occupation or hold any other office of profit.

Sec. 43. NRS
408.140 is hereby amended to read as follows:

408.140 1. Subject to the
approval of the board, the attorney general shall, immediately upon request by
the board, appoint an attorney at law [, who
shall be]as the chief counsel of
the department, and such assistant attorneys as are necessary. Attorneys so
appointed [by the attorney general shall be]are deputy attorneys general.

2. The chief counsel shall act as the
attorney and legal adviser of the department in all actions, proceedings,
hearings and all matters relating to the department and to the powers and
duties of its officers.

3. Under the direction of or in the
absence of the chief counsel, the assistant attorneys may perform any duty
required or permitted by law to be performed by the chief counsel.

4. The chief counsel and assistant
attorneys are in the unclassified service of the state. [and are entitled to receive annual salaries in the
amounts specified in NRS 284.182.]

5. All contracts, instruments and
documents executed by the department must be first approved and endorsed as to
legality and form by the chief counsel.

Sec. 44. NRS
412.046 is hereby amended to read as follows:

412.046 1. [The adjutant general shall receive an annual salary in
an amount determined pursuant to the provisions of NRS 284.182.

2.] The
adjutant general [shall]is entitled to be reimbursed for his actual and
necessary traveling expenses as provided by NRS 281.160.

[3.]2. The adjutant general shall not hold any
city, county, state or federal office of profit while serving as adjutant
general.

Sec. 45. NRS
412.054 is hereby amended to read as follows:

412.054 1. The adjutant general
may appoint two assistant adjutants general, one each from the Nevada Army
National Guard and the Nevada Air National Guard, who may serve as chief of
staff for army and chief of staff for air, respectively,
at the pleasure of the adjutant general or until relieved by reason of
resignation, withdrawal of federal recognition or for cause to be determined by
a court-martial.

and chief of staff for air, respectively, at the pleasure of
the adjutant general or until relieved by reason of resignation, withdrawal of
federal recognition or for cause to be determined by a court-martial.

2. To be eligible for appointment to the
office of assistant adjutant general, a person must be an officer of the Nevada
National Guard, federally recognized in the grade of lieutenant colonel or
higher, and must have completed at least 6 years service in the Nevada
National Guard as a federally recognized officer, 3 years of which must be
immediately prior to his appointment.

3. An assistant adjutant general may be
appointed in the grade of lieutenant colonel or higher, but not exceeding that
of brigadier general. He may be promoted by the governor to any grade not
exceeding that of brigadier general.

4. The assistant adjutants general shall
perform such duties as may be assigned by the adjutant general.

5. Whoever serves as chief of staff for
army [shall receive an annual salary in an amount
determined pursuant to the provisions of NRS 284.182]is in the unclassified service of the state and shall
not hold any other city, county, state or federal office of profit.

6. In the event of the absence or
inability of the adjutant general to perform his duties, he shall designate by
department regulations:

(a) One of the assistant adjutants general to
perform the duties of his office as acting adjutant general.

(b) If neither assistant adjutant general is
available, any national guard officer to be the acting adjutant general.

The designated assistant adjutant general or designated
officer [shall]may continue to receive his authorized salary while so
serving as acting adjutant general, and shall so serve until the adjutant
general is again able to perform the duties of his office, or if [such]the office
is vacant, until an adjutant general is regularly appointed and qualified.
While so serving, he shall give to the state a fidelity bond in the same sum as
is required from the adjutant general.

Sec. 46. NRS
414.040 is hereby amended to read as follows:

414.040 1. There is hereby
created within the executive branch of the state government a department of
civil defense and disaster assistance called the civil defense and disaster
agency, and a director of civil defense and disaster assistance, called the
director, who [shall be]is the head thereof. The director [shall be]is appointed
by and [hold]holds office at the pleasure of the governor. [The director shall receive an annual salary in an
amount determined pursuant to the provisions of NRS 284.182.]

2. The director may employ technical,
clerical, stenographic and other personnel as may be required, and may make
such expenditures therefor and for other expenses of his office within the
appropriation therefor, or from other funds made available to him for purposes
of civil defense, as may be necessary to carry out the purposes of this
chapter.

3. The director, subject to the direction
and control of the governor, [shall be]is the executive head of the civil defense and
disaster agency and [shall be]is responsible to the governor for carrying out the
program for civil defense of this state. He shall coordinate the activities of all organizations for civil defense within the state [,] and
shall maintain liaison with and cooperate with civil defense agencies and
organizations of other states and of the Federal Government.

all organizations for civil defense within the state [,] and shall maintain liaison with and
cooperate with civil defense agencies and organizations of other states and of
the Federal Government.[,
and shall have]He has such
additional authority, duties, and responsibilities authorized by this chapter
as may be prescribed by the governor.

4. The director shall devote his entire
time and attention to the business of his office and shall not pursue any other
business or occupation or hold any other office of profit.

Sec. 47. NRS
417.060 is hereby amended to read as follows:

417.060 The commissioner and deputy
commissioner [shall each receive an annual salary
in an amount determined pursuant to the provisions of NRS 284.182, and]are in the unclassified service of the state. Each shall
[each] devote his entire time and
attention to the business of his office and shall not pursue any other business
or occupation or hold any other office of profit.

Sec. 48. NRS
422.275 is hereby amended to read as follows:

422.275 [1.] The
attorney general and his deputies are the legal advisers for the welfare
division.

[2. The
deputy attorney general assigned as the legal adviser for the welfare division
shall receive an annual salary in the amount specified in NRS 284.182.]

Sec. 49. NRS
423.090 is hereby amended to read as follows:

423.090 1. Subject to the
provisions of chapter 284 of NRS, the superintendents shall employ all persons
necessary to conduct the affairs of their respective childrens homes.

2. [Employees
in the unclassified service of the state shall receive annual salaries in the
amounts determined pursuant to the provisions of NRS 284.182.

3.] Each
superintendent shall devote his entire time and attention to the business of
his office and shall not pursue any other business or occupation or hold any
other office of profit.

Sec. 50. NRS
433.244 is hereby amended to read as follows:

433.244 1. The
administrator [shall:

1.]must:

(a) Have training
and demonstrated administrative qualities of leadership in any one of the
professional fields of psychiatry, medicine, psychology, social work, education
or administration.

[2.](b) Be appointed on the basis of merit as
measured by administrative training or experience in programs relating to
mental health, including care, treatment or training, or any combination
thereof, of mentally ill and mentally retarded persons.

[3.](c) Have additional qualifications which are in
accordance with criteria prescribed by the personnel division of the department
of administration.

[4. Be]2. The administrator is in the
unclassified service of the state. [, receive an annual salary as determined pursuant to
the provisions of NRS 284.182 and receive the per diem expense allowance and
travel expenses fixed by law.]

Sec. 51. NRS
463.090 is hereby amended to read as follows:

463.090 [1.] The
attorney general and his deputies are the legal advisers
for the commission and the board and shall represent the commission and the
board in any proceeding to which either is a party.

advisers for the commission and the board and shall
represent the commission and the board in any proceeding to which either is a
party.

[2. The
deputy attorneys general assigned as legal advisers for the commission and the
board are entitled to receive an annual salary in the amounts specified in NRS
284.182.]

Sec. 52. NRS
467.055 is hereby amended to read as follows:

467.055 1. Members of the
commission, when authorized by the chairman, [shall]are entitled to receive as compensation $40 for
each full-day [commission] meeting [.]of the
commission.

2. The executive secretary of the
commission [shall be]is in the unclassified service of the state. [and shall receive an
annual salary in an amount determined pursuant to the provisions of NRS
284.182, and he]He shall devote
his entire time and attention to the business of his office and shall not
pursue any other business or occupation or hold any other office of profit.

3. Each inspector for the commission [shall]is
entitled to receive for the performance of his duties a fee approved by
the commission.

Sec. 53. NRS
472.025 is hereby amended to read as follows:

472.025 1. The
state forester firewarden [shall:

1. Be]is in the unclassified service of the state.

2. [Receive
an annual salary in an amount determined pursuant to the provisions of NRS
284.182.

3. Devote]He shall devote his
entire time and attention to the business of his office and shall not pursue any
other business or occupation or hold any other office of profit.

Sec. 54. NRS
481.035 is hereby amended to read as follows:

481.035 1. The director: [shall:]

(a) [Be]Is appointed by the governor. He [shall]must be
selected with special reference to his training, experience, capacity and
interest in the field of motor vehicle administration.

(b) [Hold]Is entitled to hold office for a term of 4 years
from and after his appointment or until his successor is appointed.

(c) [Be]Is in the unclassified service of the state. [and shall receive an
annual salary in an amount determined pursuant to the provisions of NRS
284.182.]

(d) [Receive]Is entitled to receive the per diem and expense
allowance and travel expenses as provided by law.

(e) [Devote]Shall devote his entire time and attention to the
business of his office and shall not pursue any other business or occupation or
hold any other office of profit.

2. There is hereby created in the
department of motor vehicles the office of deputy director, which office [shall be]is in
the unclassified service of the state. The deputy director: [shall:]

(a) [Be]Is appointed by the director, and [shall]must be
selected with special reference to his training, experience, capacity and
interest in the field of motor vehicle administration.

(b) [Receive an
annual salary in an amount determined pursuant to the provisions of NRS
284.182, and]Is entitled to receive the
per diem expense allowance and travel expenses as provided by law.

(c) [Devote]Shall devote his entire time and attention to the
business of his office and shall not pursue any other business or occupation or
hold any other office of profit.

Sec. 55. NRS
532.060 is hereby amended to read as follows:

532.060 1. The
state engineer [shall receive an annual salary in
an amount determined pursuant to the provisions of NRS 284.182, and]is in the unclassified service of the state.

2. He shall
devote his entire time and attention to the business of his office and shall
not pursue any other business or occupation or hold any other office of profit.

Sec. 56. NRS
533.270 is hereby amended to read as follows:

533.270 1. [There shall be appointed by the]The state engineer [,]shall appoint, subject to confirmation by any
court having jurisdiction, one or more water commissioners for any stream
system or water district subject to regulation and control by the state
engineer. The duties and salaries of the water commissioners must be fixed by
the state engineer and their salaries must be paid by the State of Nevada out
of the water distribution accounts. The water commissioners are exempt from the
provisions of chapter 284 of NRS.

2. The state engineer shall appoint a
district supervisor of water commissioners and fix his duties. The district
supervisor is [entitled to receive an annual
salary in an amount determined pursuant to the provisions of NRS 284.182 to be
provided by direct legislative appropriation.]in the unclassified service of the state.

Sec. 57. NRS
538.151 is hereby amended to read as follows:

538.151 [1.] The
attorney general is the attorney for the commission and division. He shall
designate one of his deputies to conduct actions, proceedings and hearings for
the commission. The deputy so designated shall:

[(a)]1. Advise the commission and division on
matters relating to either agency; and

[(b)]2. Maintain an office in Las Vegas,
Nevada.

[2. The
designated deputy is entitled to receive a salary in an amount specified in NRS
284.182.]

Sec. 58. NRS
607.030 is hereby amended to read as follows:

607.030 1. The labor
commissioner [shall receive an annual salary in
an amount determined pursuant to the provisions of NRS 284.182.]is in the unclassified service of the state.

2. [The
labor commissioner shall be allowed]He is
entitled to receive the per diem expense allowance and travel expenses
as provided by law.

3. [The
labor commissioner]He shall devote
his entire time and attention to the business of his office and shall not
pursue any other business or occupation or hold any other office of profit.

Sec. 59. NRS
607.050 is hereby amended to read as follows:

607.050 1. The labor
commissioner [is authorized and directed to]shall employ a deputy, who [shall be]is in
the unclassified service of the state. [and receive an annual salary in an amount determined
pursuant to the provisions of NRS 284.182.]

2. When travel is necessary in the
performance of his official duties, the deputy [shall
be]is entitled to receive from the
state, in addition to his salary, the [same]
mileage and expenses [as are]
provided by law for state officers and employees.

3. If admitted to the practice of law in
the State of Nevada, the deputy [shall have]has all the powers [and
authority] of the district attorneys of the several counties in
this state in the prosecution of all claims and actions originating with the
labor commissioner by appropriate action in the courts of this state, when the
labor commissioner is charged with the enforcement of [such
law or laws.]those laws.

4. The deputy shall act under the
direction of the labor commissioner, and in the performance of his duties he [shall be]is responsible
to the labor commissioner.

5. The deputy [labor
commissioner] shall devote his entire time and attention to the
business of his office and shall not pursue any other business or occupation or
hold any other office of profit.

Sec. 60. NRS
612.215 is hereby amended to read as follows:

612.215 1. The employment
security department [shall be]is administered by a full-time salaried executive
director, who [shall be]is appointed by the governor and [whose term of office shall be]who serves at the pleasure of the governor.

2. The executive director [of the employment security department shall receive an
annual salary in an amount determined pursuant to the provisions of NRS
284.182.]is in the unclassified service
of the state.

3. [The
executive director shall have]He has full
administrative authority with respect to the operation and functions of the
unemployment compensation service and the state employment service.

4. [The
executive director]He shall devote
his entire time and attention to the business of his office and shall not
pursue any other business or occupation or hold any other office of profit.

Sec. 61. NRS
616.130 is hereby amended to read as follows:

616.130 1. One of the
commissioners [shall]must be a representative
of labor and [shall] be selected by
the governor for appointment from the [individuals]persons whose names are submitted to him by the
Nevada State Branch of the American Federation of Labor and the Congress of
Industrial Organizations.

2. The [annual
salary of the] commissioner who is a representative
of labor [shall be in an amount determined
pursuant to the provisions of NRS 284.182.]is in the unclassified service of the state.

3. The [present]
commissioner whose term expires on September 3, 1955, is hereby determined to
be the representative of labor. [The]His successor [of
the commissioner representative of labor] shall be deemed to
represent labor.

Sec. 62. NRS
616.135 is hereby amended to read as follows:

616.135 1. One of the
commissioners [shall]must be representative of employers and [shall] be selected by the governor for
appointment from the [individuals]persons whose names are submitted to him by employer
associations.

2. The [annual
salary of the] commissioner who is a representative
of employers [shall be in an amount determined
pursuant to the provisions of NRS 284.182.]is in the unclassified service of the state.

616.140 1. The third
commissioner selected by the governor [shall be]is the chairman. The appointee [shall]must have
a degree of master of business administration or experience deemed equivalent
to that degree.

2. The [annual
salary of the chairman must be in an amount determined pursuant to the
provisions of NRS 284.182.]chairman is in
the unclassified service of the state.

Sec. 64. NRS
616.253 is hereby amended to read as follows:

616.253 1. The office of
state industrial attorney is hereby created. The governor shall appoint the
state industrial attorney for a term of 4 years.

2. The state industrial attorney: [shall:]

(a) [Be]Must be an attorney licensed to practice law in
this state. [;]

(b) [Be]Is in the unclassified service of the state. [; and]

(c) [Not]Shall not engage in the private practice of law.

3. [The
state industrial attorney is entitled to receive an annual salary in an amount
determined pursuant to the provisions of NRS 284.182.

4.] The
duties of the state industrial attorney are limited to those prescribed by NRS
616.2537 and 616.2539.

Sec. 65. NRS
645.130 is hereby amended to read as follows:

645.130 1. The real estate
division may employ, without regard to the provisions of chapter 284 of NRS,
legal counsel, investigators and other professional consultants, and, pursuant
to the provisions of chapter 284 of NRS, may employ such other employees as are
necessary to the discharge of its duties. [Employees
in the unclassified service of the state shall receive annual salaries in the
amounts determined pursuant to the provisions of NRS 284.182.]

2. No employee of the real estate
division [shall]may be interested in any real estate or brokerage firm,
nor [shall]may
any employee act as a broker or salesman or agent therefor.

Sec. 66. NRS
673.0351 is hereby amended to read as follows:

673.0351 The commissioner: [shall:]

1. [Have]May have had experience in the savings and loan
field.

2. [Receive
an annual salary in an amount determined pursuant to the provisions of NRS
284.182.

3. Receive]Is entitled to receive the per diem expense
allowance and travel expenses as provided in NRS 281.160, including but not
limited to expense allowance and travel expenses for attendance at conferences
and meetings of the Federal Home Loan Bank, Federal Home Loan Bank Board,
Federal Savings and Loan Insurance Corporation and National Association of
Savings and Loan Supervisors.

[4. Devote]3. Shall devote his entire time and
attention to the business of his office and shall not pursue any other business
or occupation or hold any other office of profit.

Sec. 67. NRS
703.080 is hereby amended to read as follows:

703.080 The chairman and the other
commissioners [shall each receive an annual
salary in an amount determined pursuant to the provisions of NRS 284.182.]are in the unclassified service of the state.

703.130 1. The commission
shall appoint a deputy commissioner who shall serve in the unclassified service
of the state.

2. The commission shall appoint a
secretary who shall perform such administrative and other duties as are
prescribed by the commission. The commission shall also appoint an assistant
secretary.

3. The commission may employ such other
clerks, experts or engineers as may be necessary. [Employees
in the unclassified service of the state shall receive annual salaries in
amounts determined pursuant to the provisions of NRS 284.182.

4. The
compensation of the secretary and other employees shall be fixed in accordance
with the provisions of chapter 284 of NRS.]

Sec. 69. NRS
706.882 is hereby amended to read as follows:

706.882 1. The
governor shall appoint a taxicab administrator from a list of three names
submitted to him by the taxicab authority. [, who shall serve]The administrator serves at the pleasure of the
governor. The administrator is in the unclassified service of the [State of Nevada and is entitled to receive an annual
salary in an amount determined pursuant to the provisions of NRS 284.182.]state.

2. The
taxicab authority may remove the administrator for good cause shown.

3. The
taxicab administrator shall devote his entire time and attention to the
business of his office and shall not pursue any other business or occupation or
hold any other office of profit.

Sec. 70. NRS
228.095, 284.182 and 408.165 are hereby repealed.

Sec. 71. Section
2 of chapter 365 of Statutes of Nevada 1981 is hereby amended to read as
follows:

Sec. 2. NRS
414.040 is hereby amended to read as follows:

414.040 1. [There]A division
of civil defense and disaster assistance is hereby created within the [executive branch of the state government a department
of civil defense and disaster assistance called the civil defense and disaster
agency, and a director of civil defense and disaster assistance, called the
director, who is the head thereof.]department
of the military. The director of the division is
appointed by and holds office at the pleasure of the governor.

2. The director
may employ technical, clerical, stenographic and other personnel as may be
required, and may make such expenditures therefor and for other expenses of his
office within the appropriation therefor, or from other [funds]money made available to him for purposes of civil
defense, as may be necessary to carry out the purposes of this chapter.

3. The
director, subject to the direction and control of the [governor,
is the executive head of the civil defense and disaster agency and is
responsible to the governor for carrying]adjutant
general, shall carry out the program for civil defense of this state. He
shall coordinate the activities of all organizations for civil defense within
the state [and shall], maintain liaison with and cooperate with civil
defense agencies and organizations of other states and of the Federal
Government [. He has]and carry out such additional [authority,
duties, and responsibilities authorized by this chapter]duties as may be prescribed by the [governor.

4. The
director shall devote his entire time and attention to the business of his
office and shall not pursue any other business or occupation or hold any other
office of profit.]adjutant general.

Sec. 72. This
act shall become effective upon passage and approval and shall operate
retroactively, unless otherwise specifically provided, to January 1, 1981.

________

CHAPTER 590, SB 460

Senate Bill No. 460Committee
on Transportation

CHAPTER 590

AN ACT relating to transportation;
authorizing the department of transportation to expend certain money to conduct
studies of transportation or match federal money for certain projects; and
providing other matters properly relating thereto.

[Approved June 6, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. Chapter
408 of NRS is hereby amended by adding thereto a new section which shall read
as follows:

The department may expend
money, when authorized by the legislature for expenditure from the interest
earned by investment of the state highway fund, to conduct studies of
transportation or to match for capital acquisition only, in the proportion
designated in the following acts, the sums of money apportioned by the Federal
Government to any of the political subdivisions of the state or any private
corporation or association in the state under these acts:

1. The Urban Mass
Transportation Act (49 U.S.C. §§ 1601 et seq.), which includes the Urban Mass
Transportation Act of 1964 (P.L. 88-365) and amendments made by the Federal-Aid
Highway Act of 1973 (P.L. 93-87, August 13, 1973), the Surface Transportation
Assistance Act of 1978 (P.L. 95-599, November 6, 1978) and any amendments
thereto made after July 1, 1981.

2. The Department
of Transportation Act (49 U.S.C. §§ 1651 et seq.), which includes the
Department of Transportation Act (P.L. 89-670) and amendments made by the Local
Rail Service Assistance Act of 1978 (P.L. 95-607, November 8, 1978) and any
amendments thereto made after July 1, 1981.

Sec. 2. The
department of transportation is authorized to expend from the interest earned
by investment of the state highway fund:

1. The sum of $681,924 for the fiscal
year 1981-82; and

2. The sum of $681,924 for the fiscal
year 1982-83,

for the purposes set forth in section 1 of this act.

________

κ1981
Statutes of Nevada, Page 1288κ

CHAPTER 591, SB 244

Senate Bill No.
244Senator Wagner

CHAPTER 591

AN ACT relating to property taxes;
increasing certain allowances available to senior citizens for the payment of
property taxes; and providing other matters properly relating thereto.

[Approved June 6, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. NRS
361.833 is hereby amended to read as follows:

361.833 1. A senior citizen
whose home is placed upon the secured or unsecured tax roll, who has owned and
maintained as his primary residence the home for at least 6 months immediately
preceding the filing of his claim and whose household income is not [over $11,000]more
than $12,000 is entitled to an allowance against the property tax
accrued against his home to the extent determined by the percentage shown
opposite his household income range on the schedule below:

PERCENT
TAX

INCOME RANGE Percent
of Claimants

If the Amount of Property
Tax

Applicants Household But
Not Accrued Allowable

Income Is Over Over as
Assistance Is

$0  [$2,999]$4,500 90

[3,000  4,999 75]

[5,000]4,500  [6,999]7,000 [50]75

7,000  [9,999]10,000[25]50

10,000  11,000 [10]25

11,000  12,000 10

2. The amount of the allowance must not
exceed the amount of the accrued property tax paid by the claimant or $500,
whichever is less.

Sec. 2. NRS
361.835 is hereby amended to read as follows:

361.835 A senior citizen who has rented
and maintained his primary residence in a home or on a mobile home lot for at
least 6 months of the preceding calendar year and whose household income is not
[over $11,000]more than $12,000 is entitled to a refund as determined
in accordance with the schedule in NRS 361.833, but only with respect to that
portion of his rent which is rent deemed to constitute accrued property tax.

Sec. 3. Notwithstanding
the provisions of NRS 361.838, a person who became eligible for an allowance or
refund for the fiscal year beginning July 1, 1981, pursuant to NRS 361.833 or
361.835 by reason of this act may file a claim for an allowance or refund on or
before June 30, 1981, and the department may act upon it as promptly as
practicable.

Sec. 4. Section
3 of this act shall become effective upon passage and approval.

________

κ1981
Statutes of Nevada, Page 1289κ

CHAPTER 592, SB 161

Senate Bill No.
161Committee on Transportation

CHAPTER 592

AN ACT relating to the department of
transportation; authorizing the board of directors to borrow money from
financial institutions for short periods; providing that the loan obligation
may only be secured by anticipated revenues; and providing other matters properly
relating thereto.

[Approved June 6, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. Chapter
408 of NRS is hereby amended by adding thereto a new section which shall read
as follows:

1. Whenever the
legislature is not in session, the board may borrow, with the approval of the
state board of examiners, money from financial institutions for short periods
to carry out the responsibilities of the department.

2. To secure
short-term financing, the board may pledge only revenue which it anticipates
the department will receive.

3. The lending
institution has no claim against the state, and may recover from the board
under the loan agreement only to the extent that the revenues pledged as
security for the loan become available.

________

CHAPTER 593, SB 239

Senate Bill No.
239Committee on Commerce and Labor

CHAPTER 593

AN ACT relating to traditional Oriental
medicine; clarifying certain provisions of law; authorizing a fee for the
issuance of temporary certificates; prohibiting under certain circumstances
representation as a practitioner; providing a penalty; and providing other
matters properly relating thereto.

[Approved June 6, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. NRS
634A.020 is hereby amended to read as follows:

634A.020 [Unless]As used in this chapter, unless the context
otherwise requires [, the words, phrases and
derivatives thereof employed in this chapter have the meanings ascribed to them
in this section.]:

1. Acupuncture means the insertion of
needles into the human body by piercing the skin of the body [, for the purpose of controlling and regulating]to control and regulate the flow and balance of
energy in the body [.]and to cure, relieve or palliate:

(a) Any ailment or
disease of the mind or body; or

(b) Any wound, bodily
injury or deformity.

2. Board means the state board of
Oriental medicine.

3. Doctor of acupuncture means a person
who [has been]is licensed under the provisions
of this chapter to practice the art of healing known as acupuncture.

licensed under the provisions of this chapter to practice
the art of healing known as acupuncture.

4. Doctor of herbal medicine means a
person who [has been]is licensed under the provisions of this chapter to
practice the art of healing known as herbal medicine.

5. Doctor of traditional Oriental
medicine means a person who [has been]is licensed under the provisions of this chapter
to practice the art of healing through traditional Oriental medicine.

6. Herbal medicine and practice of
herbal medicine mean suggesting, recommending, prescribing or directing the
use of herbs for the cure, relief or palliation of any ailment or disease of the
mind or body, or for the cure or relief of any wound, [fracture,]
bodily injury or deformity.

8. Licensed [acupuncture
assistant]assistant in acupuncture means
a person who assists in the practice of acupuncture under the direct
supervision of a person licensed under the provisions of this chapter to
practice traditional Oriental medicine or acupuncture.

9. Traditional Oriental medicine means
that system of the healing art which places the chief emphasis on the flow and
balance of energy in the body mechanism as being the most important single
factor in maintaining the well-being of the organism in health and disease. [and]The term includes the practice of acupuncture and
herbal medicine.

Sec. 2. NRS
634A.120 is hereby amended to read as follows:

634A.120 1. Examinations [shall]must be
given at least twice a year at a time and place fixed by the board.

2. Applicants for licenses to practice
acupuncture, herbal medicine and traditional Oriental medicine and to practice
as an [acupuncture assistant shall]assistant in acupuncture must be examined in the
respectively appropriate subjects as determined by the board.

Sec. 3. NRS
634A.140 is hereby amended to read as follows:

634A.140 The board shall issue [a license for the practice of]separate licenses to practice respectively traditional
Oriental medicine [or a license for the practice
of acupuncture], acupuncture or herbal
medicine, as appropriate, where the applicant:

1. Has successfully completed a course of
study of [48 months in traditional Oriental
medicine or 36 months in acupuncture at a college in Hong Kong]:

(a) Four years in
traditional Oriental medicine;

(b) Three years in
acupuncture; or

(c) Three years in herbal
medicine,

at any college or school approved by
the board which is located in any country, territory, province or state or
has qualifications considered equivalent by the board;

[acupuncture assistant shall
be issued a license by the board if he:]an
assistant in acupuncture where the applicant:

1. Has successfully completed a course of
study in acupuncture in any college or school approved
by the board which is located in any country, territory, province or
state requiring an attendance of [36 months;]3 years or other qualifications deemed by the board to
be equivalent to the course of study; and

2. [Practiced
acupuncture for not less than 3 years; and

3.] Passes
the examination of the board for [acupuncture
assistant.]assistant in acupuncture or
has other qualifications deemed by the board to be the equivalent.

Sec. 5. NRS
634A.160 is hereby amended to read as follows:

634A.160 1. Every license
must be displayed in the office, place of business or place of employment of
the holder thereof.

2. Every person holding a license shall
pay to the board on or before February 1 of each year, the annual registration
fee required pursuant to subsection 4. If the holder of a license fails to pay
the registration fee his license must be suspended. The license may be
reinstated by payment of the required fee within 90 days after February 1.

3. A license which is suspended for more
than 3 months under the provisions of subsection 2 may be canceled by the board
after 30 days notice to the holder of the license.

4. The annual registration fees must be
prescribed by the board and must not exceed the following amounts:

[2.](b) For the purpose of authorizing a person to
engage in lecturing on or teaching traditional Oriental medicine in this state
on a short-term basis.

2. The board may
charge a fee for the issuance of a temporary certificate. The fee shall not
exceed an amount which adequately reimburses the board for costs incurred in:

(a) Investigating an
applicant under this section; and

(b) Monitoring a seminar,
if the board deems that action necessary.

Sec. 7. NRS
634A.230 is hereby amended to read as follows:

634A.230 A person who represents himself
as a practitioner of traditional Oriental medicine, or any branch thereof, [and]or who
engages in the practice of traditional Oriental medicine, or any branch
thereof, in this state without holding a valid license issued by the board is
guilty of a gross misdemeanor.

________

κ1981
Statutes of Nevada, Page 1292κ

CHAPTER 594, SB 35

Senate Bill No.
35Committee on Judiciary

CHAPTER 594

AN ACT relating to gaming; revising the
definition of offenses; increasing certain penalties; and providing other
matters properly relating thereto.

[Approved June 6, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. (Deleted
by amendment.)

Sec. 2. Chapter
465 of NRS is hereby amended by adding thereto the provisions set forth as
sections 3 and 4 of this act.

Sec. 3. As used in this chapter:

1. Cheat means
to alter the selection of criteria which determine:

(a) The result of a game;
or

(b) The amount or
frequency of payment in a game.

2. The words and
terms defined in chapter 463 of NRS have the meanings ascribed to them in that
chapter.

Sec. 4. 1. Any person who violates any provision of NRS
465.070 to 465.085, inclusive, shall be punished:

(a) For the first
offense, by imprisonment in the state prison for not less than 1 year nor more
than 10 years, or by a fine of not more than $10,000, or by both fine and
imprisonment.

(b) For a second or
subsequent violation of any of these provisions, by imprisonment in the state
prison for not less than 1 year nor more than 10 years, and may be further
punished by a fine of not more than $10,000. The court shall not suspend a
sentence of imprisonment imposed pursuant to this paragraph, or grant probation
to the person convicted.

2. Any person who
attempts, or two or more persons who conspire, to violate any provision of NRS
465.070 to 465.085, inclusive, each shall be punished by imposing the penalty
provided in subsection 1 for the completed crime, whether or not he personally
played any gambling game or used any device to cheat or facilitate cheating.

Sec. 5. NRS
465.070 is hereby amended to read as follows:

465.070 [1. Every
person in a licensed gaming establishment who, by color, or aid of any trick or
sleight-of-hand performance, or by any fraud or fraudulent scheme, cards, dice
or device, wins or attempts to win for himself or for another, or unlawfully
delivers or attempts to deliver to another any money or property, or
representative of either, shall be punished by imprisonment in the state prison
for not less than 1 year nor more than 10 years, or by a fine of not more than
$10,000, or by both fine and imprisonment.

2. Every person
who entices or induces another, upon any pretense, to go to any place where any
gambling game, scheme or device, or any trick, sleight-of-hand performance,
fraud or fraudulent scheme, cards, dice or device is being conducted or
operated; or while in such place entices or induces another to bet, wager or
hazard any money or property, or representative of either, upon any such game,
scheme, device, trick, sleight-of-hand performance, fraud or fraudulent scheme,
cards, dice or device, or to execute any obligation for the payment of money,
or delivery of property, or to lose, advance, or loan any money or property, or representative of either, shall be punished by imprisonment
in the state prison for not less than 1 year nor more than 10 years, or by a
fine of not more than $10,000, or by both fine and imprisonment.]

or representative of either, shall be
punished by imprisonment in the state prison for not less than 1 year nor more
than 10 years, or by a fine of not more than $10,000, or by both fine and
imprisonment.]It is unlawful for any
person:

1. To alter or
misrepresent the outcome of a game or other event on which wagers have been
made after the outcome is made sure but before it is revealed to the players.

2. To place a bet
after acquiring knowledge, not available to all players, of the outcome of the
game or other event which is the subject of the bet or to aid anyone in
acquiring such knowledge for the purpose of placing a bet contingent upon that
outcome.

3. To claim,
collect or take, or attempt to claim, collect or take, money or anything of
value in or from a gambling game, with intent to defraud, without having made a
wager contingent thereon, or to claim, collect or take an amount greater than
the amount won.

4. Knowingly to
entice or induce another to go to any place where a gambling game is being
conducted or operated in violation of the provisions of this chapter, with the
intent that such other person play or participate in that gambling game.

Sec. 6. NRS
465.080 is hereby amended to read as follows:

465.080 1. It is unlawful
for any licensee, employee or other person [playing any licensed gambling game:

(a) To use bogus or]to use counterfeit chips [,
or to substitute and use in any such game cards or dice that have been marked,
loaded or tampered with;

(b) To employ or have on
his person any cheating device to facilitate cheating in such games; or

(c) To use any fraudulent
scheme or technique, including but not limited to purposefully breaking or
damaging any part of any slot machine or otherwise causing the machine to malfunction,
to facilitate the alignment of any winning combination or the removal of money
from the machine.]in a gambling game.

2. It is unlawful for any person, in
playing or using any [slot machine]gambling game designed to be
played with, receive or be operated by chips or
tokens approved by the state gaming control board or by lawful coin of
the United States of America:

(a) Knowingly to use other than chips or tokens approved by the state gaming control board or lawful
coin, legal tender of the United States of America, or to
use coin not of the same denomination as the coin intended to be used in
[such slot machine, except that in the playing of
any slot machine, it is lawful for any such person to use tokens or similar
objects therein which are approved by the state gaming control board;]that gambling game; or

(b) To use any [cheating
or thieving] device [, including
but not limited to tools, drills, wires, coins attached to strings or wires or
electronic or magnetic devices, to unlawfully facilitate aligning any winning
combination or removing from any slot machine any money or other contents
thereof.]or means to violate the
provisions of this chapter.

3. It is unlawful for any person, not a
duly authorized employee of a [licensed gaming
establishment]licensee acting in
furtherance of his employment within such establishment, to have on his person
or in his possession [while on the premises of such
establishment any cheating or thieving device, including, but not limited to,
tools, wires, drills, coins attached to strings or wires, electronic or
magnetic devices to facilitate removing from any slot machine any money or
other contents thereof.]

possession [while on the
premises of such establishment any cheating or thieving device, including, but
not limited to, tools, wires, drills, coins attached to strings or wires,
electronic or magnetic devices to facilitate removing from any slot machine any
money or other contents thereof.]any
device intended to be used to violate the provisions of this chapter.

4. It is unlawful for any person, not a
duly authorized employee of a [licensed gaming
establishment]licensee acting in
furtherance of his employment within such establishment, to have on his person
or in his possession while on the premises of any licensed gaming establishment
any key or device known to have been designed for the purpose of and suitable
for opening [or], entering or affecting the
operation of any [slot machine, or]gambling game, drop box [.

5. Any violator of
the provisions of this section shall be punished by imprisonment in the state
prison for not less than 1 year nor more than 10 years or by a fine of not more
than $10,000, or by both fine and imprisonment.

6. As used in this
section, the term slot machine has the meaning ascribed to it in NRS
463.0127.]or any electronic or mechanical
device connected thereto, or for removing money or other contents therefrom.

5. Possession of
more than one of the devices described in this section permits a rebuttable
inference that the possessor intended to use them for cheating.

Sec. 7. NRS
465.083 is hereby amended to read as follows:

465.083 [1. It
is unlawful:

(a) To conduct, carry on,
operate, deal or allow to be conducted, carried on, operated or dealt any
cheating or thieving game or device; or

(b) To deal, conduct,
carry on, operate or expose for play any game or games played with cards, dice
or any mechanical device, or any combination of games or devices, which have in
any manner been marked or tampered with, or placed in a condition, or operated
in a manner, the result of which:

(1) Tends to
deceive the public; or

(2) Tends to alter
the normal random selection of criteria which determine the result of the game.

2. The use of
marked cards, loaded dice, plugged or tampered-with machines or devices to
deceive the public is expressly made unlawful.

3. Any person who
violates the provisions of this section shall be punished by imprisonment in
the state prison for not less than 1 year nor more than 10 years, or by a fine
of not more than $10,000, or by both fine and imprisonment.]It is unlawful for any person, whether he is an owner or
employee of or a player in an establishment, to cheat at any gambling game.

Sec. 8. NRS
465.085 is hereby amended to read as follows:

465.085 1. It is unlawful to
manufacture [or sell or to possess with intent to
defraud:

(a) Any cheating or
thieving game or device;

(b) Any game or games
played with cards, dice or any mechanical device;

(c) Any combination of
such games or devices; or

(d) Any bogus or
counterfeit chip, which may have in any manner been marked or tampered with to
deceive the public.

2. Any person who
violates the provisions of this section shall be punished by imprisonment in
the state prison for not less than 1 year nor more than 10 years, or by a fine
of not more than $10,000, or by both fine and imprisonment.], sell or distribute any cards, chips, dice, game or device
which is intended to be used to violate any provision of this chapter.

2. It is unlawful
for any person to instruct another in cheating or in the use of any device for
that purpose, with the knowledge or intent that the information or use so
conveyed may be employed to violate any provision of this chapter.

Sec. 9. NRS
465.101 is hereby amended to read as follows:

465.101 1. [As used in this section:

(a) Establishment has
the meaning ascribed to it in NRS 463.0109.

(b) Licensee has the
meaning ascribed to it in NRS 463.0119.

2.] Any
licensee, or his officers, employees or agents may question any [individual]person
in his establishment suspected of violating any of the provisions of [NRS 465.070 or 465.080.]this chapter. No licensee or his officers, employees or
agents is criminally or civilly liable on account of any such questioning.

[3.]2. Any licensee or his officers, employees
or agents who have probable cause for believing that there has been a violation
of [NRS 465.070 or 465.080]this chapter in his establishment by any person may
take such person into custody and detain him in the establishment in a
reasonable manner and for a reasonable length of time. Such a taking into custody and detention does not render [such]the
licensee or his officers, employees or agents criminally or civilly liable for
false arrest, false imprisonment, slander or unlawful detention unless [such]the
taking into custody and detention are unreasonable under all the circumstances.

[4.]3. No licensee or his officers, employees
or agents are entitled to the immunity from liability provided for in this
section unless there is displayed in a conspicuous place in his establishment a
notice in boldface type clearly legible and in substantially this form:

Any gaming licensee, or his
officers, employees or agents who have probable cause for believing that any
person has violated any provision of [NRS 465.070
or 465.080]this chapter
prohibiting cheating in gaming may detain such person in the establishment for
the purpose of notifying a peace officer.

Sec. 10. NRS
207.080 is hereby amended to read as follows:

207.080 1. For the purpose
of NRS 207.080 to 207.150, inclusive, a convicted person is defined as:

(a) Any person who, before, on or after March
15, 1955, was or is convicted of an offense punishable as a felony in the State
of Nevada, or who has been or who is hereafter convicted of any offense in any
place other than the State of Nevada, which offense, if committed in the State
of Nevada, would be punishable as a felony.

(b) Any person who, before, on or after March
15, 1955, was or is convicted in the State of Nevada, or elsewhere, of the
violation of any law, whether the violation is or is not punishable as a
felony:

(1) Relating to or regulating the
possession, distribution, furnishing or use of any
habit-forming drug of the kind or character described and referred to in the
Uniform Narcotic Drug Act.

or use of any habit-forming drug of the kind or character
described and referred to in the Uniform Narcotic Drug Act.

(2) Regulating or prohibiting the
carrying, possession or ownership of any concealed weapon, or deadly weapon, or
any weapon capable of being concealed, or regulating or prohibiting the
possession, sale or use of any device, instrument or attachment designed or
intended to be used for the purpose of silencing the report or concealing the
discharge or flash of any firearm.

(3) Regulating or prohibiting the use,
possession, manufacture or compounding of tear gas, or any other gas, which may
be used for the purpose of temporarily or permanently disabling any human
being.

(c) Any person who, before, on or after March
15, 1955, was or is convicted of a crime in the State of Nevada, under the
provisions of one or more of NRS 122.220, 201.120 to 201.170, inclusive,
201.249, 201.251, 201.270, 201.360 to 201.400, inclusive, 201.420, 202.010,
202.040, 202.055, 202.200 to 202.230, inclusive, 212.170, 212.180, 433.564,
451.010 to 451.040, inclusive, 452.300, 462.010 to 462.080, inclusive, [465.030 to] 465.070 [,]to 465.085, inclusive,
646.010 to 646.060, inclusive, 647.095, 647.100, 647.110, 647.120, 647.130,
647.140 and 647.145, or who, before, on or after March 15, 1955, was or is
convicted, in any place other than the State of Nevada, of an offense which, if
committed in this state, would have been punishable under one or more of such
sections.

(d) Any person who, before, on or after March
15, 1955, was or is convicted in the State of Nevada or elsewhere of any
attempt or conspiracy to commit any offense described or referred to in NRS
207.080 to 207.150, inclusive.

2. Any person, except as set forth in NRS
207.090 to 207.150, inclusive, whose conviction is or has been set aside in the
manner provided by law shall not be deemed a convicted person.

(a) Any person [who, before, on or after March 15, 1955, was or is]
convicted in the State of Nevada of an offense
punishable as a felony [in the State of Nevada,
or who has been or who is hereafter]or convicted
[of any offense] in any place other
than the State of Nevada [, which offense, if
committed in the State of Nevada, would be punishable as a felony.]of a felony or any other offense which is punishable by
imprisonment for 1 year or more.

(b) Any person [who, before, on or after March 15, 1955, was or is]
convicted in the State of Nevada, or elsewhere, of the violation of any law,
whether the violation is or is not punishable as a felony:

(1) Relating to
or regulating the possession, distribution, furnishing or use of any
habit-forming drug of the kind or character described and referred to in the
Uniform Narcotic Drug Act.

(2) Regulating
or prohibiting the carrying, possession or ownership of any concealed weapon,
or deadly weapon, or any weapon capable of being concealed, or regulating or
prohibiting the possession, sale or use of any device, instrument or attachment
designed or intended to be used for the purpose of silencing the report or
concealing the discharge or flash of any firearm.

(3) Regulating
or prohibiting the use, possession, manufacture or compounding of tear gas, or
any other gas, which may be used for the purpose of temporarily or permanently
disabling any human being.

(c) Any person [who, before, on or after March 15, 1955, was or is]
convicted of a crime in the State of Nevada, under the provisions of one or
more of NRS 122.220, 201.120 to 201.170, inclusive, 201.249, 201.251, 201.270,
201.360 to 201.400, inclusive, 201.420, 202.010, 202.040, 202.055, 202.200 to
202.230, inclusive, 212.170, 212.180, 433.564, 451.010 to 451.040, inclusive,
452.300, 462.010 to 462.080, inclusive, 465.070 to 465.085, inclusive, 646.010
to 646.060, inclusive, 647.095, 647.100, 647.110, 647.120, 647.130, 647.140 and
647.145, or [who, before, on or after March 15,
1955, was or is] convicted, in any place other than the State of
Nevada, of an offense which, if committed in this state, would have been
punishable under one or more of [such]those sections.

(d) Any person [who, before, on or after March 15, 1955, was or is]
convicted in the State of Nevada or elsewhere of any attempt or conspiracy to
commit any offense described or referred to in NRS 207.080 to 207.150,
inclusive.

2. Any person,
except as set forth in NRS 207.090 to 207.150, inclusive, whose conviction is
or has been set aside in the manner provided by law shall not be deemed a
convicted person.

AN ACT relating to mobile homes; requiring
escrow for sales of new and used mobile homes by dealers in mobile homes;
providing exemplary damages in certain actions; providing a ground for
disciplinary action against those dealers; and providing other matters properly
relating thereto.

[Approved June 6, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. Chapter
598 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 6, inclusive, of this act.

Sec. 2. As used in sections 3 to 6, inclusive, of this act, unless the
context otherwise requires:

(a) Is engaged wholly or
in part in the business of selling mobile homes, or buying or taking them in
trade for the purpose of resale, selling, or offering for sale or consignment
to be sold or otherwise dealing in mobile homes; or

(b) Receives or expects
to receive a commission, money, brokerage fees, profit or any other thing of
value from either the seller or purchaser of any mobile home,

whether or not the mobile home is
owned by that person.

2. Mobile home
means a vehicular structure which is:

(a) Built on a permanent
chassis;

(b) Designed to be used
with or without a permanent foundation as a dwelling when connected to
utilities;

(c) Transportable in one
or more sections; and

(d) More than 8 feet in
body width and more than 32 feet in body length. Neither the width nor the
length includes bay windows, porches, drawbars, couplings, hitches, wall or
roof extensions or other attachments.

The term does not include a vehicular
structure primarily designed as temporary living quarters for travel,
recreational or camping use, which may be self-propelled or mounted upon, or
drawn by, a motor vehicle.

Sec. 3. Every dealer in mobile homes shall establish an escrow account
with an escrow agent or title company licensed to do business in this state
when a purchaser signs a purchase order, conditional sales contract or security
agreement for a new or used mobile home. The dealer shall as soon as
practicable deposit or forward to the escrow account any payment received from
the purchaser for the mobile home at any time before its delivery.

Sec. 4. 1. No dealer in mobile homes may:

(a) Accept from the
purchaser cash or any check or other equivalent of cash payable to himself or a
subsidiary or nominee of himself as whole or partial payment for a mobile home.
He may accept for that purpose only a check which is payable to the escrow
agent or title company.

(b) Establish an escrow
account for the purpose of transacting the sale of a mobile home in an escrow
company which is not also a title company if he owns an interest of more than 5
percent in that escrow company.

2. No agreement
may contain any provision by which the purchaser agrees to waive or forego any
rights or remedies afforded by sections 2 to 6, inclusive, of this act, and any
such provision is void as contrary to public policy.

Sec. 4.5. No money which was placed in an escrow account pursuant to section
3 of this act may be released to the dealer until all of the escrow
requirements have been satisfied.

Sec. 5. The manufactured housing division of the department of
commerce shall adopt regulations concerning the establishment and maintenance
of escrow accounts under sections 2 to 6, inclusive, of this act.

Sec. 6. In an action to enforce any right granted under, or to recover
damages for any violation of, sections 2 to 6, inclusive, of this act, the prevailing party, in addition to his other damages, may recover
exemplary damages.

prevailing party, in addition to his
other damages, may recover exemplary damages.

Sec. 7. NRS
489.421 is hereby amended to read as follows:

489.421 The following grounds, among
others, constitute grounds for disciplinary action under NRS 489.381:

1. Revocation or denial of a license
issued pursuant to this chapter or an equivalent license in any other state,
territory or country.

2. Failure of the licensee to maintain
any other license or bond required by any political subdivision of this state.

3. Failure to respond to a notice served
by the division as provided by law within the time specified in the notice.

4. Disregarding or violating any of the
provisions of sections 2 to 6, inclusive, of this act or
any provision of this chapter or any regulation adopted under this
chapter.

5. Conviction of a misdemeanor for
violation of any of the provisions of this chapter.

6. Conviction of a felony or a crime of
moral turpitude in this state or any other state, territory or country.

Sec. 8. NRS
489.721 is hereby amended to read as follows:

489.721 Any dealer who does not have
title to a [mobile home or]
commercial coach must deposit any money received from the sale of that [mobile home or] commercial coach in a
fiduciary account until the sale is completed or terminated.

Sec. 9. This
act shall become effective on October 1, 1981.

________

CHAPTER 596, AB 479

Assembly Bill No.
479Committee on Agriculture

CHAPTER 596

AN ACT relating to the state board of
agriculture; adding one member and providing for his qualifications; and
providing other matters properly relating thereto.

[Approved June 6, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. NRS
561.045 is hereby amended to read as follows:

561.045 There is hereby created in the
state department of agriculture a state board of agriculture composed of [eight]nine members
appointed by the governor.

Sec. 2. NRS
561.055 is hereby amended to read as follows:

561.055 1. Three members of
the board [shall]must be actively engaged in range or semirange cattle
production, one in dairying, one in general farming, one in growing crops which
are planted in rows spaced to permit mechanical cultivation, one in beekeeping, one in the control of pests and one in raising
nursery stock.

2. No more than two members may be
residents of the same county, and the range or semirange
cattle production members [shall] must be residents of different counties.

and the range or semirange cattle production members [shall]must be
residents of different counties.

Sec. 3. On
July 1, 1981, or as soon thereafter as is convenient, the governor shall
appoint to the state board of agriculture one additional member qualified under
NRS 561.055 as engaged in the control of pests to a term ending October 30,
1983.

________

CHAPTER 597, AB 587

Assembly Bill No.
587Committee on Ways and Means

CHAPTER 597

AN ACT making an appropriation to the
University of Nevada for research on drip irrigation at the agricultural
experiment station; and providing other matters properly relating thereto.

[Approved June 6, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. There
is hereby appropriated from the state general fund to the University of Nevada
for research and demonstrations in drip irrigation at the agricultural
experiment station:

For the fiscal year 1981-82.................................................. $75,000

For the fiscal year 1982-83.................................................. 75,000

Sec. 2. Any
balance of the sums appropriated by section 1 of this act remaining at the end
of the respective fiscal years must not be committed for expenditure after June
30 and reverts to the state general fund as soon as all payments of money
committed have been made.

________

CHAPTER 598, AB 572

Assembly Bill No.
572Assemblymen Banner, Thompson, Foley and Jeffrey

CHAPTER 598

AN ACT relating to employment practices;
limiting prohibitions against discrimination based upon age to certain ages;
and providing other matters properly relating thereto.

[Approved June 6, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. NRS
613.330 is hereby amended to read as follows:

613.330 1. [It]Except as
otherwise provided in NRS 613.350, it is an unlawful employment practice
for an employer:

(a) To fail or refuse to hire or to discharge
any [individual,]person, or otherwise to discriminate against any [individual]person
with respect to his compensation, terms, conditions or privileges of
employment, because of [such individuals] his race,
color, religion, sex, age, physical or visual handicap or national origin; or

because of [such individuals]his race, color, religion, sex, age, physical or
visual handicap or national origin; or

(b) To limit, segregate or classify [his] employees in any way which would
deprive or tend to deprive any [individual]person of employment opportunities or otherwise
adversely affect his status as an employee, because of [such
individuals]his race, color,
religion, sex, age, physical or visual handicap or national origin.

2. It is an unlawful employment practice
for an employment agency to fail or refuse to refer for employment, or
otherwise to discriminate against, any [individual]person because of his race, color, religion, sex,
age, physical or visual handicap or national origin, or to classify or refer
for employment any [individual]person on the basis of his race, color, religion, sex,
age, physical or visual handicap or national origin.

3. It is an unlawful employment practice
for a labor organization:

(a) To exclude or to expel from its membership,
or otherwise to discriminate against, any [individual]person because of his race, color, religion, sex,
age, physical or visual handicap or national origin;

(b) To limit, segregate or classify its
membership, or to classify or fail or refuse to refer for employment any [individual,]person,
in any way which would deprive or tend to deprive [any individual]him
of employment opportunities, or would limit [such]his employment opportunities or otherwise
adversely affect his status as an employee or as an applicant for employment,
because of [such individuals]his race, color, religion, sex, age, physical or visual
handicap or national origin; or

(c) To cause or attempt to cause an employer to
discriminate against [an individual]any person in violation of this section.

4. It is an unlawful employment practice
for any employer, labor organization or joint labor-management committee
controlling apprenticeship or other training or retraining, including
on-the-job training programs, to discriminate against any [individual]person
because of his race, color, religion, sex, age, physical or visual
handicap or national origin in admission to, or employment in, any program
established to provide apprenticeship or other training.

5. It is an unlawful employment practice
for any employer, employment agency, labor organization or joint
labor-management committee to discriminate against the physically or visually
handicapped by interfering, directly or indirectly, with the use of an aid or
appliance, including a guide [dogs,]dog, by
such [physically or visually]a handicapped [individual.]person.

6. It is an unlawful employment practice
for an employer, directly or indirectly, to refuse to permit a visually
handicapped employee to keep his guide dog with him at all times in his place
of employment if [such]the dog is specially trained by a guide dog school
approved by the rehabilitation division [.]of the
department of human resources.

Sec. 2. NRS
613.350 is hereby amended to read as follows:

613.350 [Notwithstanding
any other provisions of NRS 613.310 to 613.420, inclusive:]

1. It is not an unlawful employment
practice for an employer to hire and employ employees, for an employment agency
to classify or refer for employment any [individual,]person, for a labor organization to classify its
membership or to classify or refer for employment any [individual,]person, or for an employer, labor organization or joint
labor-management committee controlling apprenticeship or other training or
retraining programs to admit or employ any [individual] person in any such
program, on the basis of his religion, sex, age, physical or visual handicap or
national origin in those [certain] instances where religion, sex, age, physical
or visual condition or national origin is a bona fide occupational
qualification reasonably necessary to the normal operation of that particular
business or enterprise.

person, or for an employer,
labor organization or joint labor-management committee controlling
apprenticeship or other training or retraining programs to admit or employ any [individual]person
in any such program, on the basis of his religion, sex, age, physical or visual
handicap or national origin in those [certain]
instances where religion, sex, age, physical or visual condition or national
origin is a bona fide occupational qualification reasonably necessary to the
normal operation of that particular business or enterprise. [; and]

2. It is not an unlawful employment
practice for an employer to fail or refuse to hire and employ employees, for an
employment agency to fail to classify or refer any [individual]person for employment, for a labor organization
to fail to classify its membership or to fail to classify or refer any [individual]person
for employment, or for an employer, labor organization or joint
labor-management committee controlling apprenticeship or other training or
retraining programs to fail to admit or employ any [individual]person in any such program, on the basis of his
physical or visual handicap in those [certain]
instances where physical or visual condition is a bona fide and relevant
occupational qualification necessary to the normal operation of that particular
business or enterprise, [provided]if it is shown that the particular physical or visual
handicap would prevent proper performance of the work for which the handicapped
[individual]person would otherwise have been hired, classified,
referred or prepared under a training or retraining program.

3. It is not an
unlawful employment practice for an employer to fail or refuse to hire or to
discharge a person, for an employment agency to fail to classify or refer any
person for employment, for a labor organization to fail to classify its
membership or to fail to classify or refer any person for employment, or for an
employer, labor organization or joint labor-management committee controlling
apprenticeship or other training or retraining programs to fail to admit or
employ any person in any such program, on the basis of his age if the person is
less than 40 years of age or more than 69 years of age.

4. It is
not an unlawful employment practice for a school, college, university or other
educational institution or institution of learning to hire and employ employees
of a particular religion if [such]the school [, college,
university or other educational institution] or institution [of learning] is, in whole or in substantial
part, owned, supported, controlled or managed by a particular religion or by a
particular religious corporation, association or society, or if the curriculum
of [such]the
school [, college, university or other
educational institution] or institution [of
learning] is directed toward the propagation of a particular
religion.

[4.]5. It is not an unlawful employment
practice for an employer to observe the terms of any bona fide [employee benefit] plan for employees benefits, such as a retirement, pension
or insurance plan, which is not a subterfuge to evade the provisions of NRS 613.310
to 613.420, inclusive, as they relate to discrimination against [an individual]a
person because of age, except that no such [employee
benefit] plan [shall excuse]excuses the failure to hire any [individual.]person
who is at least 40 years of age but is less than 70 years of age.

________

κ1981
Statutes of Nevada, Page 1303κ

CHAPTER 599, SB 713

Senate Bill No.
713Committee on Finance

CHAPTER 599

AN ACT authorizing expenditures by various
officers, departments, boards, agencies, commissions and institutions of the
state government for the fiscal years commencing July 1, 1981, and ending June
30, 1982, and beginning July 1, 1982, and ending June 30, 1983; and providing
other matters properly relating thereto.

[Approved June 6, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. Expenditure
of the following sums not appropriated from the state general fund or the state
highway fund is hereby authorized during the fiscal years beginning July 1,
1981, and ending June 30, 1982, and beginning July 1, 1982, and ending June 30,
1983, by the various officers, departments, boards, agencies, commissions and
institutions of the state government hereinafter mentioned:

Sec. 2. 1. Expenditure
of $10,160,784 by the Nevada gaming control board from the state general fund
pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal
year beginning July 1, 1981, and ending June 30, 1982.

2. Expenditure of $9,994,896 by the
Nevada gaming control board from the state general fund
pursuant to the provisions of NRS 463.330 is hereby authorized during the
fiscal year beginning July 1, 1982, and ending June 30, 1983.

from the state general fund pursuant to the provisions of
NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 1982,
and ending June 30, 1983.

Sec. 3. The
funds authorized to be expended by the provisions of sections 1 and 2 of this
act (except the legislative fund and judicial agencies) must be expended in
accordance with the allotment transfer, work-program and budget provisions of
NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments,
travel allotments, operating expense allotments, equipment allotments and other
allotments must be allowed and made in accordance with the provisions of NRS
353.215 to 353.225, inclusive, and after separate consideration of the merits
of each request.

Sec. 4. 1. Except
as provided in subsection 2 and limited by section 5, and in accordance with
the provisions of NRS 353.220, the chief of the budget division of the
department of administration may, with the approval of the governor, authorize
the augmentation of the amounts authorized in sections 1 and 2 of this act for
expenditure by a given officer, department, board, agency, commission and
institution from any other state agency, from any agency of local government or
of the Federal Government, or from any other source which he determines is in
excess of the amount so taken into consideration by this act. The chief of the
budget division of the department of administration shall reduce any
authorization whenever he determines that funds to be received will be less
than the amount so authorized in sections 1 and 2 of this act.

2. The director of the legislative
counsel bureau may, with the approval of the legislative commission, authorize
the augmentation of the amount authorized in section 1 of this act to the
legislative fund for expenditure by the legislative counsel bureau from any
source which he determines is in excess of the amount so taken into
consideration by this act. The director of the legislative counsel bureau shall
reduce the authorization whenever he determines that funds to be received will
be less than the amount so authorized in section 1 of this act.

Sec. 5. Except
as otherwise provided in section 6, where the operation of an office,
department, board, agency, commission, institution or program is financed by an
appropriation or appropriations from the state general fund as well as by funds
received from other sources, the portion provided by appropriation from the
state general fund must be decreased to the extent that the receipts of the
funds from other sources are exceeded, but such decrease must not jeopardize
the receipts of such funds as are to be received from other sources.

Sec. 6. The
University of Nevada System, with the prior approval of the interim finance
committee, may expend any additional fees collected as the result of increased
enrollments, in addition to the following amounts for the respective fiscal
years:

1981-82 1982-83

University
of Nevada, Reno........................ $2,927,640............................................. $3,417,649

School
of medical sciences.......................... 485,435............................................. 487,402

Sec. 7. The
department of education may expend, in addition to the amount authorized for
administration in chapter 623, Statutes of Nevada 1979, the sum of $5,370 for
payment of rent during the fiscal year ending June 30, 1981.

Sec. 8. If
the canvass of votes for the 1982 general election shows that the number of
votes in favor of the initiative petition to create a division of consumer
advocacy in the office of the attorney general was greater than the number of
votes in favor of Assembly Bill No. 473 of the 61st session of the legislature,
the uncommitted portion of the authorization contained in this act for the
consumers advocate in the office of the attorney general is transferred to the
division of consumer advocacy created by the initiative petition.

Sec. 9. Section
7 of this act shall become effective upon passage and approval.

________

CHAPTER 600, SB 324

Senate Bill No.
324Senator Bilbray

CHAPTER 600

AN ACT relating to boards of trustees of
school districts; increasing the salaries of the clerk, president and other
trustees in certain districts; and providing other matters properly relating
thereto.

[Approved June 6, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. NRS
386.320 is hereby amended to read as follows:

386.320 1. If the total
pupil enrollment in the school district for the immediately preceding school
year is less than 1,000:

(a) The clerk and president of the board of
trustees may each receive a salary of $20 for each board of trustees meeting
they attend, not to exceed $40 a month.

(b) The other trustees may each receive a salary
of $15 for each board of trustees meeting they attend, not to exceed $30 a
month.

(c) The board of trustees may hire a
stenographer to take the minutes of the meetings of the board of trustees, and
such stenographer may be paid a reasonable fee for each meeting attended.

2. If the total pupil enrollment in the
school district for the immediately preceding school year is 1,000 or more:

(a) The clerk and president of the board of
trustees may each receive a salary of [$40]$55 for each board of trustees meeting they
attend, not to exceed [$160]$220 a month.

(b) The other trustees may each receive a salary
of [$35]$50
for each board of trustees meeting they attend,
not to exceed [$140] $200 a month.

each board of trustees meeting they attend, not to exceed [$140]$200 a
month.

(c) The board of trustees may hire a
stenographer to take the minutes of the meetings of the board of trustees; and [such]this
stenographer may be paid a reasonable fee for each meeting attended.

________

CHAPTER 601, SB 686

Senate Bill No.
686Committee on Commerce and Labor

CHAPTER 601

AN ACT relating to financial
organizations; raising the limits for certain loans; revising procedures for
appeal from decisions of the commissioner of savings associations; and
providing other matters properly relating thereto.

[Approved June 6, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. NRS
645B.130 is hereby amended to read as follows:

645B.130 1. An appeal may be
taken by any person interested from any final decision of the commissioner to
the district court in the county in which the party adversely affected by the
decision resides or has his place of business by serving upon the commissioner
within 10 days after notice of the entry of the order a written notice of the
appeal, stating the grounds upon which a reversal of the final order is sought
and accompanied by a demand in writing for a certified transcript of the record
and of all papers on file in the office of the commissioner affecting or
relating to the decision, and all the evidence taken on the hearing, and paying
not more than 25 cents for each folio of the transcript and $1 for the
certification thereof. The commissioner shall within 30 days make and certify
such a transcript.

2. The appellant shall, within 5 days
after receiving the transcript, file [the
transcript and the notice of appeal] with the clerk of the court: [, which notice of
appeal shall stand as appellants complaint. Thereupon the cause shall be
entered on the trial calendar of the court for trial de novo and shall be given
precedence by the court over other matters pending except criminal cases.]

(a) The transcript and
the notice of appeal; and

(b) A petition for review
of the commissioners decision, setting forth in specific detail the grounds
for the appeal, including any errors which the appellant contends were made by
the commissioner at the administrative hearing.

3. [The
court shall receive and consider any pertinent evidence, oral or documentary,
concerning the order of the commissioner from which the appeal is taken.

4.] An
appeal from an order of the commissioner shall be treated as a proceeding in
equity. In the proceeding before the court, the
appellant has the burden of proof.

[5.]4. Any order of the commissioner which
finally limits or adversely determines the rights of any interested person is a
[final order as to such]final administrative decision as to that person.

Sec. 2. NRS
673.050 is hereby amended to read as follows:

673.050 [Nothing
in this chapter prevents an association or]A person affected by any order, ruling, proceeding, act
or action of the commissioner or any person acting on his behalf or at his
instance, or the director or any person acting on his behalf and at his instance,[from testing]may test the validity of the action in any court
of competent jurisdiction through injunction, appeal, error or other proper
process or proceeding, mandatory or otherwise.

Sec. 3. NRS
673.112 is hereby amended to read as follows:

673.112 1. A branch office
is a legally established place of business of an association, other than the
home office, which is authorized by the board of
directors and approved by the commissioner [,]
and at which any [and all association]of the associations business may be conducted.

2. All branch offices [shall be]are
subject to direction from the home office.

3. No association may establish or
maintain a branch office without prior written approval of the commissioner.
Each application for approval of the establishment and maintenance of a branch
office [shall:]must:

(a) State the proposed location thereof, the
need therefor, the functions to be performed therein, the estimated annual expense
thereof and the mode of payment therefor.

(b) Be accompanied by a fee of $250, no part of
which [shall]may be refunded.

(c) Be accompanied by a budget of the
association for the current semiannual period and for the next succeeding
semiannual period, which reflects the estimated additional expense of the
maintenance of such branch office.

4. After receipt of an application the
commissioner shall determine:

(a) Whether the establishment and maintenance of
the branch office will unduly injure any properly conducted existing
association in the community where [such]the branch office is proposed to be established
or in any neighboring community; and

(b) Whether or not the establishment and
maintenance of the branch office will serve the public interest.

5. [Prior
to the]Before issuance of a
charter for a branch office, the commissioner shall notify all associations
doing business within a radius of 100 miles of the principal place of business
of the applicant, and within a radius of 100 miles of the proposed branch
office. Any association so notified may, within 20 days, protest in writing the
granting of the application. Within 30 days after receipt by the commissioner
of such a written protest, the commissioner shall
fix a date for a hearing upon the protest.[, which hearing shall]The hearing must be held not earlier than 60 days nor
more than 90 days [from]after the date of receipt of written notice by
registered or certified mail by the parties.

6. If the commissioner finds that no
undue injury is likely to result, that the establishment and maintenance of
such branch office is advisable and will serve the public interest, he may
approve the application.

7. Approval of an associations
application for a branch office charter permits [such]the association to establish an operating office
in [either] a temporary or a
permanent building, if [such]the building is placed on or erected at the approved
location within [6]12 months [of such]after the approval.

8. For good cause and after notice to the
association, the commissioner may revoke his approval for the maintenance of a
branch office. Failure to establish a branch office in the manner and within
the time permitted under this section constitutes a good cause for revocation,
unless a prior, written request for a waiver of the time limitation is sought by
the association and an extension, in writing, is granted by the commissioner. [Any such revocation may be appealed by the association
pursuant to the provisions of NRS 673.047.]

9. An association which maintains one or
more branch offices shall give each branch office a specific designation by
name and include in the designation the word branch and shall prominently
display the designation at the place of business of the branch. When an
association is operating a branch office,[or offices,] all advertising of or by
any such branch office [shall]must state clearly the location of the principal office
of [such]the
association.

Sec. 4. NRS
673.328 is hereby amended to read as follows:

673.328 An association may make loans of
the types enumerated in this section on the security of first liens on improved
real property only when the resulting aggregate amount of the following
investments does not exceed 30 percent of the associations assets:

1. Residential loans in excess of the
greater of:

(a) One-half of 1 percent of the associations
assets; or

(b) Eighty thousand dollars, after deducting
each part of any such loan if secured by a blanket mortgage, which is
apportionable in an amount not exceeding $80,000 to each home or combination of
home and business property and residential property which is part of the
security.

2. Loans on improved real property other
than homes or combination homes and business property and residential property.

3. Loans on improved real property
located outside the regular lending area of the association unless such loans
are protected by insurance as provided in the National Housing Act, or the
Servicemens Readjustment Act of 1944, as now or hereafter amended.

5. Loans on one-family, owner-occupied
homes, in an amount between 80 percent and 90 percent, inclusive, of the value,
if:

(a) Impounds are collected for taxes and
insurance.

(b) The association has made or obtained, [prior to the]before
approval of the loan, a written report on the credit standing of the
borrower, showing the financial ability of the borrower to undertake and pay
off the obligation involved in the loan.

(c) The association has obtained, [prior to]before approval
of the loan, a certification in writing to the association stating:

(1) The purpose for which the loan is
sought and, if for the purpose of enabling the borrower to purchase the
security property, the name of the vendor or vendors, and the purchase price;

(2) That there will be no liens upon such
property other than the lien of the association; and

(3) That the borrower is actually
occupying the property as a dwelling or that the borrower in good faith intends
to do so.

(d) The loan does not exceed [$75,000,]$93,750,
90 percent of the value of the real property securing the loan or 90
percent of the purchase price of the property, whichever is the lowest.

(e) If the loan is sought to finance the
construction of a single-family dwelling, [the
amount of such]such an amount of the loan
as exceeds 80 percent of the appraised value must not be disbursed until
construction has been fully completed.

(f) Loans granted under this [chapter]section will
be repayable monthly within [30]40 years.

(g) The record of each such loan must show the
date and amount of the appraisal on which the loan was made and the date of
approval of the loan by the board of directors or the loan committee.

6. Subsection 5 does not apply to:

(a) Home loans in excess of [80]90 percent
of value up to 95 percent of value if the excess over [80]90 percent is insured by a private insurer
approved by the Federal Home Loan Mortgage Corporation, except that such
insured loans in excess of 90 percent of value must not exceed [$60,000.]$93,750.

(b) Home loans in excess of 80 percent of value
if the excess over 80 percent is insured or guaranteed by an agency or
instrumentality of the Federal Government or a state whose full faith and
credit is pledged to the support of the insurance or guarantee.

Sec. 5. NRS
673.4845 is hereby amended to read as follows:

673.4845 1. An association
may reorganize, merge or consolidate with another state or federal association,
if the reorganization, merger or consolidation is based upon a plan which has
been adopted by the board of directors and approved at a regular or special
stockholders meeting which has been called to consider the action. Such an approval must rest on a favorable vote of a majority
of the voting power of the association as established by its articles.

2. Any such plan for reorganization,
merger or consolidation must be approved by the commissioner, who shall satisfy
himself that the plan, if approved, would be equitable for the stockholders of
the affected association or associations and would not impair the usefulness or
success of other properly conducted associations in the community. In submitting
an application for approval of any such plan, each association proposing to
reorganize, merge or consolidate [shall]must provide a comprehensive review of its
present financial statement and a projected view of the financial statement of
the reorganized, merged or consolidated association.

3. Unless [such]its action is specifically authorized by or taken
in conformity with this chapter, no association may, directly or indirectly:

(b) Assume liability to pay savings accounts or
other liabilities of any financial institution or any other organization,
person or entity.

(c) Transfer assets to any financial institution
or any other organization, person or entity in consideration of the
transferees assumption of liability for any portion of the transferrors
savings accounts, deposits or other liability.

(d) Acquire the assets of any financial
institution or any other organization, person or entity.

4. [Any
association aggrieved by any action or position taken by the commissioner under
this section may appeal such action or position to the director in the manner
provided by NRS 673.047.

5.] Each
application which is made under this section [shall]must be accompanied by a fee payment of $150. The
responsibility for payment of the fee [shall]must be shared equally by the associations
participating in each proposed plan.

Sec. 6. NRS
673.047 is hereby repealed.

________

CHAPTER 602, AB 29

Assembly Bill No.
29Assemblymen Dini, Jeffrey and Schofield

CHAPTER 602

AN ACT relating to planned unit
developments; providing that tentative and final maps of planned unit
developments be reviewed by appropriate state agencies for water quantity,
sewage disposal, water pollution, water quality and water supply facilities;
and providing other matters properly relating thereto.

[Approved June 6, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. NRS
278A.450 is hereby amended to read as follows:

278A.450 [The
application for tentative approval shall be filed by the landowner in such
form, upon the payment of the fee and with such official of the city or county
as shall be designated in the ordinance enacted pursuant to this chapter.]

1. The ordinance
enacted pursuant to this chapter must designate the form of the application for
tentative approval, the fee for filing the application and the official of the
city or county with whom the application is to be filed.

2. The application
for tentative approval must include a tentative map. Tentative approval may not
be granted pursuant to NRS 278A.490 until the tentative map has been submitted
for review and comment by the agencies specified in NRS 278.335.

Sec. 2. NRS
278A.530 is hereby amended to read as follows:

278A.530 1. An application
for final approval may be for all the land included in a plan or to the extent
set forth in the tentative approval for a section thereof. [Such application shall]The application must be made to the city or county
within the time specified by the minutes granting tentative approval.

2. The application [shall]must include
such drawings, specifications, covenants, easements, conditions and form of
performance bond as were set forth in the minutes at the time of the tentative
approval [.]and a final map.

3. A public hearing on an application for
final approval of the plan, or any part thereof, is not required if the plan,
or any part thereof, submitted for final approval is in substantial compliance
with the plan which has been given tentative approval.

Sec. 3. NRS
278A.570 is hereby amended to read as follows:

278A.570 1. A plan, or any
part thereof, which has been given final approval by the city or county, [shall]must be
certified without delay by the city or county and [shall
be] filed of record in the office of the appropriate county
recorder before any development [shall take place]occurs in accordance therewith. A county recorder shall not file for record any final plan
unless it includes a final map and:

(a) The same certificates
of approval as are required under NRS 278.377; or

(b) Evidence that the
approvals were requested more than 30 days before the date on which the request
for filing is made, and that the agency has not refused its approval.

2. [Upon
recording pursuant to subsection 1,]After
the plan is recorded, the zoning and subdivision regulations otherwise
applicable to the land included in the plan [shall]
cease to [be of any further force and effect.]apply.

3. Pending completion of [such]the planned
unit [residential] development, or
of [that]the
part [thereof] that has been
finally approved, no modification of the provisions of [such]the plan, or any part [thereof
as] finally approved, may be made, nor may it be impaired by any
act of the city or county except with the consent of the landowner.

4. The county recorder shall collect a
fee of $50, plus 50 cents per lot or unit mapped, for the recording or filing
of any final map, plat or plan. The fee [shall]must be deposited in the general fund of the
county where it is collected.

Sec. 5. This
act does not apply to any plan for a planned unit residential development which
was tentatively approved by a city or county before the effective date of this
act.

Sec. 6. This
act shall become effective upon passage and approval.

________

κ1981
Statutes of Nevada, Page 1319κ

CHAPTER 603, SB 485

Senate Bill No.
485Committee on Government Affairs

CHAPTER 603

AN ACT relating to the state personnel
system; clarifying the term continuous as used in the plan to encourage
continuity of service; and providing other matters properly relating thereto.

[Approved June 6, 1981]

The People of the State of Nevada, represented in Senate
and Assembly, do enact as follows:

Section 1. NRS
284.177 is hereby amended to read as follows:

284.177 1. A plan to
encourage continuity of service, administered by the personnel division is
hereby established for employees with 8 years or more of continuous state
service. Employees rated standard or better with 8 years of continuous service
are entitled to receive $75 semiannually with a semiannual increase of $25 for
each additional year of service up to a maximum of 20 years of continuous state
service.

2. An interruption
in continuous state service terminates the employees eligibility for
additional pay pursuant to subsection 1.

3. Except as
provided in this subsection, no year served before the interruption may be
counted in determining the employees subsequent eligibility. This provision
does not apply to an employee who was employed before July 1, 1981, unless he
leaves state service after that date.

4. As used
in [subsection 1,]this section, continuous []service means uninterrupted service as defined
by the commission.

________

CHAPTER 604, SB 521

Senate Bill No.
521Committee on Commerce and Labor

CHAPTER 604

AN ACT relating to insurance; providing
for the regulation of insurance for home protection; and providing other
matters properly relating thereto.

[Approved June 6, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. NRS
681A.020 is hereby amended to read as follows:

681A.020 1. Casualty
insurance includes:

(a) Vehicle insurance. Insurance
against loss of or damage to any land vehicle or aircraft or any draft or
riding animal or to property while contained therein or thereon or being loaded
or unloaded therein or therefrom, from any hazard or cause, and against any
loss, liability or expense resulting from or incidental to ownership,
maintenance or use of any such vehicle, aircraft or animal, together with insurance
against accidental injury to [individuals,]natural persons, irrespective of legal liability
of the insured, including the named insured, while in, entering, alighting from, adjusting, repairing, cranking, or caused by
being struck by a vehicle, aircraft or draft or riding animal, if such
insurance is issued as an incidental part of insurance on the vehicle, aircraft
or draft or riding animal.

alighting from, adjusting, repairing, cranking, or caused by
being struck by a vehicle, aircraft or draft or riding animal, if such
insurance is issued as an incidental part of insurance on the vehicle, aircraft
or draft or riding animal.

(b) Liability insurance. Insurance
against legal liability for the death, injury or disability of any human being,
or for damage to property, including liability resulting from negligence in
rendering expert, fiduciary or professional services; and provisions of
medical, hospital, surgical, disability benefits to injured persons and funeral
and death benefits to dependents, beneficiaries or personal representatives of
persons killed, irrespective of legal liability of the insured, when issued as
an incidental coverage with or supplemental to liability insurance.

(c) Workmens compensation and employers
liability. Insurance of the obligations accepted by, imposed upon
or assumed by employers under law for death, disablement or injury of
employees.

(d) Burglary and theft. Insurance
against loss or damage by burglary, theft, larceny, robbery, forgery, fraud,
vandalism, malicious mischief, confiscation, or wrongful conversion, disposal
or concealment, or from any attempt at any of the foregoing, including
supplemental coverage for medical, hospital, surgical and funeral expense
incurred by the named insured or any other person as a result of bodily injury
during the commission of a burglary, robbery or theft by another, and also,
insurance against loss of or damage to moneys, coins, bullion, securities,
notes, drafts, acceptances or any other valuable papers and documents,
resulting from any cause.

(e) Personal property floater. Insurance
upon personal effects against loss or damage from any cause.

(f) Glass. Insurance against loss
or damage to glass, including its lettering, ornamentation and fittings.

(g) Boiler and machinery. Insurance
against any liability and loss or damage to property or interest resulting from
accidents to or explosions of boilers, pipes, pressure containers, machinery or
apparatus, and to make inspection of and issue certificates of inspection upon
boilers, machinery and apparatus of any kind, whether or not insured.

(h) Leakage and fire extinguishing equipment. Insurance
against loss or damage to any property or interest caused by the breakage or
leakage of sprinklers, hoses, pumps and other fire-extinguishing equipment or
apparatus, water pipes or containers, or by water entering through leaks or
openings in buildings, and insurance against loss or damage to such sprinklers,
hoses, pumps and other fire-extinguishing equipment or apparatus.

(i) Credit and mortgage guaranty. Insurance
against loss or damage resulting from failure of debtors to pay their
obligations to the insured, and insurance of real property mortgage lenders
against loss by reason of nonpayment of the mortgage indebtedness.

(j) Elevator. Insurance against
loss of or damage to any property of the insured, resulting from the ownership,
maintenance or use of elevators, except loss or damage by fire, and to make
inspection of and issue certificates of inspection upon, elevators.

(l) Livestock. Insurance against
loss or damage to livestock, and services of a veterinary for such animals.

(m) Entertainments. Insurance
indemnifying the producer of any motion picture, television, radio, theatrical,
sport, spectacle, entertainment, or similar production, event or exhibition
against loss from interruption, postponement or cancellation thereof due to
death, accidental injury or sickness of performers, participants, directors or
other principals.

(n) Miscellaneous. Insurance
against any other kind of loss, damage or liability properly a subject of
insurance and not within any other kind of insurance as defined in this
chapter, if such insurance is not disapproved by the commissioner as being
contrary to law or public policy [.], including insurance for home protection issued
pursuant to sections 3 to 11, inclusive, of this act.

2. Provision of medical, hospital,
surgical and funeral benefits, and of coverage against accidental death or
injury, as incidental to and part of other insurance as stated under paragraphs
(a) (vehicle), (b) (liability), (d) (burglary), (g) (boiler and machinery), and
(j) (elevator) of subsection 1 shall for all purposes be deemed to be the same
kind of insurance to which it is so incidental, and [shall
not be]is not subject to
provisions of this code applicable to life and health insurances.

Sec. 2. Chapter
690B of NRS is hereby amended by adding thereto the provisions set forth as
sections 3 to 11, inclusive, of this act.

Sec. 3. As used in sections 3 to 11, inclusive, of this act,
unless the context otherwise requires:

1. Home means a
structure used primarily for residential purposes and includes a single-family
dwelling, a unit in a multiple-family structure and a mobile home.

2. Insurance for
home protection means a contract of insurance, which affords coverage over a
specified term for a predetermined fee, under which a person, other than the
manufacturer, builder, seller or lessor of the home, agrees to repair, replace
or indemnify from the cost of repair or replacement based upon the failure of
any structure, component, system or appliance of the home. The term does not
include a contract which insures against any consequential losses caused by the
defects or failures.

Sec. 4. 1. Except as provided in subsection 2, an
insurer who issues policies of insurance for home protection, other than
casualty insurance, shall deposit, in accordance with chapter 682B of NRS,
securities having a market value of not less than $20,000, unless he furnishes
evidence satisfactory to the commissioner of maintaining a deposit of not less
than that amount which complies with the requirements of his state of domicile
and is held for the protection of all holders of insurance contracts.

2. In lieu of the
deposit of securities, the insurer may post with the commissioner a surety bond
of not less than $20,000 executed by an insurer who has a valid certificate of
authority issued by the commissioner.

3. The insurer
shall maintain:

(a) Unimpaired paid-in
capital stock or unimpaired basis surplus, or a combination
thereof, in an amount not less than 10 percent of the amount charged as
premiums for insurance currently in effect, but not less than $20,000, nor more
than is required by NRS 680A.120 for a certificate of authority.

combination thereof, in an amount not
less than 10 percent of the amount charged as premiums for insurance currently
in effect, but not less than $20,000, nor more than is required by NRS 680A.120
for a certificate of authority.

(b) A reserve for
unearned premiums, unpaid losses and expenses incurred in connection with loss
adjustments in an amount not less than 40 percent of the amount charged as
premiums for insurance currently in force.

Sec. 5. An insurer who issues policies of insurance for home
protection, other than casualty insurance, may make investments in tangible
personal property for use in fulfilling its obligations to repair or replace
components, systems or appliances of the home under its contracts of insurance
for home protection, in an amount not to exceed 25 percent of its assets, as
determined pursuant to NRS 681B.010, unless the commissioner, whenever he deems
it appropriate, waives this limitation by regulation.

Sec. 6. An insurer who issues policies of insurance for home
protection, other than casualty insurance, shall file the annual statement
required by NRS 680A.270 in the form prescribed by the commissioner. The
statement may cover a 12-month period other than a calendar year. If it does,
it must be filed within 90 days after the end of the period. The period covered
by the statement may not be changed without the consent of the commissioner.

Sec. 7. An insurer who issues policies of insurance for home
protection, other than casualty insurance, shall not:

1. Engage in any
business other than the furnishing of insurance for home protection.

2. Assume
reinsurance from any other insurer.

Sec. 8. 1. A contract of insurance for home
protection must specify:

(a) The structures,
components, systems and appliances covered by the provisions of the contract.

(b) Any exclusions from
and limitations on coverage.

(c) The period during
which the contract will be in effect, and the renewal terms, if any.

(d) The services to be
performed by the insurer and the terms and conditions of his performance.

(e) The service fee or
deductible charge, if any, to be charged for his services.

(f) All limitations
regarding the performance of services, including any restrictions as to the
time during or geographical area within which services may be requested or will
be performed.

(g) That services will be
performed upon a telephoned request to the insurer without any requirement that
claim forms or applications be filed before the performance of service.

(h) That services will be
initiated by or under the direction of the insurer within 48 hours after proper
request is made for services.

(i) Other conditions and
provisions pertaining to the coverage as required by the insurance laws of this
state or regulations adopted by the commissioner.

2. Insurance for
home protection may not be canceled during the term for which it is issued,
except:

(b) For fraud or
misrepresentation of facts material to the issuance or renewal of the contract.

(c) Insurance which
provides coverage before the home is sold if the sale is not made. The
cancellation must be made in accordance with the contract provisions.

3. Insurance for
home protection is not renewable unless its terms provide otherwise.

Sec. 9. The commissioner may adopt reasonable regulations regarding
the content of contracts of insurance for home protection to protect the
interests of persons affected by the provisions of those contracts. The
regulations may not extend to specifying the structures, components, systems or
appliances which must be covered by insurance for home protection, except to
the extent necessary to:

1. Obtain fairness
in the exclusions from the coverage provided; or

2. Avoid illusory
coverage caused by the nature or extent of the coverage exclusions.

Sec. 10. A person who sells insurance for home protection on
behalf of an insurer who issues policies of casualty insurance or insurance for
home protection is exempted from the provisions of chapter 683A which require
him to be licensed as an agent, broker or solicitor if:

1. His sales
activity is conducted pursuant to a written contract with the insurer which
regulates his activity.

Sec. 11. 1. Except as provided in subsection 2 and
sections 3 to 10, inclusive, of this act, insurance for home protection is
subject to all applicable provisions of this code.

2. The provisions
of chapters 687A and 692C do not apply to insurance for home protection.

Sec. 12. Chapter
645 of NRS is hereby amended by adding thereto a new section which shall read
as follows:

The commission may take action
pursuant to NRS 645.630 against any person selling insurance for home
protection, as defined in section 3 of this act, under the authority of a
license issued pursuant to this chapter who:

1. Makes a misrepresentation
in the sale of insurance for home protection.

2. Misrepresents
the provisions of the contract of insurance for home protection.

3. Misappropriates
any fees or premiums collected for the insurance for home protection.

________

κ1981
Statutes of Nevada, Page 1324κ

CHAPTER 605, SB 539

Senate Bill No.
539Committee on Commerce and Labor

CHAPTER 605

AN ACT relating to insurance;
distinguishing between administrators and adjusters; clarifying the status of
other employees; and providing other matters properly relating thereto.

[Approved June 6, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. NRS
683A.025 is hereby amended to read as follows:

683A.025 Except as limited by this
section, administrator means a person who collects charges or premiums from
or who adjusts or settles claims of residents of this state in connection with
life or health insurance coverage or annuities, or who administers a trust
under NRS 287.010. Administrator does not include:

1. An employee
authorized to act on behalf of an administrator who holds a certificate of
registration from the commissioner.

2. An
employer acting on behalf of his employees or the employees of a subsidiary or
affiliated concern.

[2.]3. A labor union acting on behalf of its
members.

[3.]4. An insurance company licensed to do
business in this state or acting as an insurer with respect to a policy
lawfully issued and delivered in a state in which the insurer was authorized to
do business.

[4.]5. A life or health insurance agent or
broker licensed in this state, when his activities are limited to the sale of
insurance.

[5.]6. A creditor acting on behalf of his
debtors with respect to insurance covering a debt between the creditor and
debtor.

[6.]7. A trust and its trustees, agents and
employees acting for it, if the trust was established under the provisions of
29 U.S.C. § 186.

[7.]8. A trust which is exempt from taxation
under Section 501(a) of the Internal Revenue Code, its trustees and employees,
and a custodian, his agents and employees acting under a custodial account
which meets the requirements of Section 401(f) of the Internal Revenue Code.

[8.]9. A bank, credit union or other financial
institution which is subject to supervision by federal or state banking
authorities.

[9.]10. A company which issues credit cards,
and which advances for and collects premiums or charges from credit card
holders who have authorized it to do so, if the company does not adjust or
settle claims.

[10.]11. An attorney at law who adjusts or
settles claims in the normal course of his practice or employment, but who does
not collect charges or premiums in connection with life or health insurance
coverage or with annuities.

Sec. 2. NRS
683A.085 is hereby amended to read as follows:

683A.085 1. No person may
act as an administrator, or hold himself out to the public as an administrator,
unless he has [:

(a) Obtained]obtained a certificate of registration as an
administrator from the commissioner. [; or

(b) Obtained a license to
act as an adjuster for the types of insurance for which he is acting as an
adjuster.]

2. A certificate [shall]must be issued to an applicant who has made
written application therefor, giving any information which the commissioner
reasonably requires, and has paid the required fee, unless the commissioner has
determined, after notice and hearing, that the applicant is not competent,
trustworthy, financially responsible or of good personal and business
reputation.

3. No certificate may be issued to any
person who, within the 5 years immediately preceding his application, has had
an insurance license revoked or an application denied for cause.

4. The commissioner may revoke or suspend
the certificate of any administrator if he finds, after notice and hearing,
that he administrator has violated any provision of this Title or any
regulation [promulgated thereunder.]adopted under it.

________

CHAPTER 606, SB 557

Senate Bill No. 557Committee
on Commerce and Labor

CHAPTER 606

AN ACT relating to alien insurers;
increasing and prolonging the required trust fund; and providing other matters
properly relating thereto.

[Approved June 6, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. NRS
685A.070 is hereby amended to read as follows:

685A.070 1. A broker shall
not knowingly place surplus lines insurance with an insurer which is unsound
financially or ineligible under this section.

2. No insurer is eligible for the
acceptance of surplus lines risks under this chapter unless it has [a] surplus as to policyholders not less
in amount than that required of a like domestic insurer formed under this code
and transacting the same kind or kinds of insurance, and, if an alien insured,
unless it has and maintains in a bank or trust company which is a member of the
United States Federal Reserve System a trust fund established under terms
reasonably adequate for the protection of all of its policyholders in the
United States of America in an amount of not less than [$1,000,000.]$1,500,000. Such a trust fund must not have an
expiration date which is at any time less than 5 years in the future, on a
continuing basis. In the case of a group of individual unincorporated insurers,
such a trust fund must be not less than $50,000,000. The commissioner may
require larger trust funds than those set forth above if in his judgment the
volume of business being transacted or proposed to be transacted warrants
larger amounts.

3. No insurer is eligible to write
surplus lines of insurance unless it has established a reputation for financial
integrity and satisfactory practices in underwriting and handling claims. In
addition, a foreign insurer must be authorized in the state of its domicile to
write the kinds of insurance which it intends to write in Nevada.

4. The commissioner may from time to time
compile or approve a list of all surplus lines insurers deemed by him to be
eligible currently, and may mail a copy of the list to each broker at his
office last of record with the commissioner. This subsection does not require
the commissioner to determine the actual financial condition or claims
practices of any unauthorized insurer; and the status of eligibility, if
granted by the commissioner, indicates only that the insurer appears to be
sound financially and to have satisfactory claims practices, and that the
commissioner has no credible evidence to the contrary. While any such list is
in effect, the broker shall restrict to the insurers so listed all surplus
lines business placed by him.

Sec. 2. Section
1 of this act shall become effective at 12:01 a.m. on July 1, 1981.

1. The economics
of the American system of free enterprise must be taught in all of the public
high schools in this state.

2. The lessons
must:

(a) Emphasize the
benefits of free enterprise as compared to other economic systems;

(b) Teach the principles
of the profit motive and competition and the way in which investments generate
progress and growth in the economy;

(c) Introduce pupils to
the principles of owning and operating a small business; and

(d) Provide instruction
in personal finance, including the services available from financial institutions
and the methods of obtaining and using those services.

3. Administrators
and teachers who are charged with providing the instruction required by this
section may communicate with persons in the community who are engaged in business,
and with labor organizations, chambers of commerce
and other service organizations to obtain speakers and other assistance in
carrying out the requirements of this section.

chambers of commerce and other
service organizations to obtain speakers and other assistance in carrying out
the requirements of this section.

4. The
superintendent of each school district in this state shall determine the manner
in which the instruction required by this section will be provided in the high
schools of his school district.

________

CHAPTER 608, AB 579

Assembly Bill No.
579Committee on Commerce

CHAPTER 608

AN ACT relating to real estate brokers and
salesmen; making various administrative changes to the law governing those
brokers and salesmen; providing a penalty; and providing other matters properly
relating thereto.

[Approved June 6, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. NRS
645.030 is hereby amended to read as follows:

645.030 1. Within the
meaning of this chapter, a real estate broker is any person who, for another
and for compensation or with the intention or expectation of receiving
compensation:

(a) Sells, exchanges, options, purchases, rents,
or leases, or negotiates or offers, attempts or agrees to negotiate the sale,
exchange, option, purchase, rental, or lease of, or lists or solicits
prospective purchasers, lessees or renters of, or collects or offers, attempts
or agrees to collect rental for the use of, any real estate or the improvements
thereon or any modular homes or other housing [,
including used mobile homes,] offered or conveyed with any
interest in real estate; or

(b) Engages in or offers to engage in the
business of claiming, demanding, charging, receiving, collecting or contracting
for the collection of an advance fee in connection with any employment
undertaken to promote the sale or lease of business opportunities or real
estate by advance fee listing advertising or other offerings to sell, lease,
exchange or rent property.

2. Any person who, for another and for
compensation, aids, assists, solicits or negotiates the procurement, sale,
purchase, rental or lease of public lands is a real estate broker within the
meaning of this chapter.

3. A real estate broker is an employer
for the purpose of providing coverage for industrial insurance and occupational
diseases, and shall submit proof of coverage under chapters 616 and 617 of NRS for
himself and any broker-saleman or salesman associated with him who has not
agreed to pay premiums directly, in order to obtain or renew a license.

4. A broker who is a natural person is an
employee for the purposes of industrial insurance and occupational disease
coverage.

5. A broker may agree with any
broker-salesman or salesman with whom the broker is associated for the direct
payment of premiums by the broker-salesman or salesman for coverage under the
provisions of chapters 616 and 617 of NRS.

645.100 1. At least two
members of the commission [shall]must be residents of the [eastern]southern district of Nevada, and at least two
members of the commission [shall]must be residents of the [western]northern district of Nevada.

2. Not more than two members [shall]may be
appointed from any one county.

3. The [eastern
district shall consist]southern district
consists of all that portion of the [State
of Nevada]state lying within the
boundaries of the counties of Clark, [Elko,
Eureka, Lander, Lincoln, Nye and White Pine.]Esmeralda, Lincoln and Nye.

4. The [western
district shall consist]northern district
consists of all that portion of the [State
of Nevada]state lying within the
boundaries of Carson City and the counties of Churchill, Douglas, [Esmeralda, Humboldt,]Elko, Eureka, Humboldt, Lander, Lyon, Mineral,
Pershing, Storey, [and]
Washoe [.]and
White Pine.

Sec. 3. NRS
645.240 is hereby amended to read as follows:

645.240 1. The provisions of
this chapter do not apply to, and the terms real estate broker and real
estate salesman do not include, any person who, as owner or lessor, performs
any of the acts mentioned in NRS 645.030, 645.040, 645.230 and 645.260, with
reference to property owned or leased by them, or to the regular employees
thereof with respect to the property so owned or leased, where those acts are
performed in the regular course of or as an incident to the management of such
property and the investment therein. For purposes of this subsectionmanagement means activities which tend to preserve or
increase the income from the property by preserving the physical desirability
of the property or maintaining high standards of service to tenants.
Management does not include sales activities.

2. The provisions of this chapter do not
apply to:

(a) [Persons
acting as attorney in fact under an executed power of attorney from the owner
authorizing the final consummation by performance of any contract for the sale,
leasing or exchange of real estate.

(b)] Any
bank, trust company, building and loan association, or any land mortgage or
farm loan association organized under the laws of this state or of the United
States, when engaged in the transaction of business within the scope of its
corporate powers.

[(c)](b) A corporation which, through its regular
officers who receive no special compensation for it, performs any of those acts
with reference to the property of the corporation.

[3. This
chapter does not apply to:

(a) In any way, the]

(c) The services
rendered by an attorney at law in the performance of his duties as [such]an
attorney at law.

[(b) While acting
as such, a]

(d) A receiver,
trustee in bankruptcy, administrator or executor, or any other person doing any of the acts specified in NRS
645.030 under the jurisdiction of any court.

[(c)](e) A trustee acting under a trust agreement,
deed of trust or will, or the regular salaried employees thereof.

[(d)](f) The purchase, sale or locating of mining
claims or options thereon or interests therein.

Sec. 4. NRS
645.420 is hereby amended to read as follows:

645.420 1. Except as
provided in subsection 2, all applications for licenses as real estate brokers,
broker-salesmen or real estate salesmen [shall]must be acted upon by the real estate division
within 30 days from the date of the written examination, as provided and
scheduled in NRS 645.450, next following the filing of applications therefor.
No license may be issued by the real estate division until the application
therefor has been approved by the commission.

2. All applications for licenses as real
estate brokers where the applicant takes the written examination [prior to]before meeting
the experience requirements of subsection 3 of NRS 645.330 [shall]must be
acted upon by the real estate division within 30 days from the date the
applicant furnishes proof satisfactory to the division that all the
requirements of this chapter have been met.

3. If in the opinion of the real estate
division additional investigation of the applicant appears necessary, the real
estate division may extend the 30-day period and may make such additional
investigation as is necessary or desirable [prior
to]before acting on the
applicants application.

4. The burden of proof [shall in every respect be upon]is on the applicant to establish to the satisfaction of
the real estate division that he is qualified to receive a license.

5. The division shall notify each
applicant in writing of his passing or failing the examination.

6. The division,
upon the discovery of any error in the issuance of a license which is related
to the qualification or fitness of the licensee, may invalidate the license.
The division shall promptly notify the licensee, in writing, of the
invalidation and the licensee shall surrender the license to the division
within 20 days after notice is sent by the division. A licensee whose license
is invalidated under this subsection and is surrendered within the time
specified is entitled to a hearing as for a denial of application in accordance
with the provisions of NRS 645.440.

Sec. 5. NRS
645.680 is hereby amended to read as follows:

645.680 1. The procedure set
forth in this section and NRS 645.690 must be followed before the revocation or
suspension of any license.

2. Upon a complaint being initiated by
the administrator, the matter must be set for a hearing by the administrator,
who shall schedule a hearing before the commission, and the licensee is
entitled to be heard thereon in person or by counsel.

3. The commission shall hold such hearing
within 90 days after the filing of a complaint by the administrator. The time
of the hearing may [,]be continued upon the motion of the commission or at
the discretion of the commission, [be continued]
upon the written request of the licensee or of the division for good cause
shown.

4. The licensee [shall]must be given at least 30 days [prior] notice in writing by the division
of the date, time and place of the hearing, which notice must contain an exact
statement of the charges filed, together with a copy of the complaint and
copies of all communications, reports, affidavits or depositions in possession
of the division relevant to the complaint.

the complaint. The division may present evidence obtained
after the notice only if the division shows that the evidence was not available
after diligent investigation before the time notice was given to the licensee
and that [such]the evidence was given or communicated to the licensee
immediately after it was obtained.

5. The notice may be served by delivery
personally to the licensee, or by mailing by certified mail to the last-known
business address of the licensee. If the licensee is a broker-salesman or
salesman, the division shall also notify the broker with whom he is associated,
or the owner-developer by whom he is employed, by mailing an exact statement of
the charges and the date, time and place of the hearing by certified mail to
the owner-developer or brokers last-known business address.

Sec. 6. NRS
645.850 is hereby amended to read as follows:

645.850 1. Any licensee who
commits an act described in NRS 645.630, 645.633 or
645.635 shall be punished by a fine of not more than $500.

2. Any person who violates any other
provision of this chapter, if a natural person, is guilty of a gross
misdemeanor, and if a copartnership, association or corporation, shall be
punished by a fine of not more than $2,500.

3. Any officer or agent of a corporation,
or member or agent of a copartnership or association, who personally
participates in or is an accessory to any violation of this chapter by the
copartnership, association or corporation, is subject to the penalties herein
prescribed for natural persons.

4. Nothing in this section releases any
person from civil liability or criminal prosecution under the general laws of
this state.

5. The administrator may prefer a
complaint for violation of NRS 645.230 before any court of competent
jurisdiction, and may take the necessary legal steps through the proper legal
officers of this state to enforce the provisions thereof.

6. Any court of competent jurisdiction
may try any violation of this chapter, and upon conviction the court may, at
its discretion, revoke the license of the person so convicted, in addition to
imposing the other penalties herein provided.

________

CHAPTER 609, AB 677

Assembly Bill No.
677Committee on Ways and Means

CHAPTER 609

AN ACT relating to public officers and
employees; providing the amounts payable by the state for group insurance
coverage of officers and employees and their dependents; and providing other
matters properly relating thereto.

[Approved June 6, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. NRS
287.044 is hereby amended to read as follows:

287.044 1. A part of the
cost of the monthly premiums of that group insurance, not to exceed [the amount specified by law,]$75 for the 1981-82 fiscal year
or $86.25 for each fiscal year thereafter, applied to both group life and group
accident or health coverage, for each public officer, except a senator or
assemblyman, or employee electing to participate in the group insurance
program, may be paid by the department, agency, commission or public agency
which employs the officer or employee in whose behalf that part is paid from
money appropriated to or authorized for that department, agency, commission or
public agency for that purpose.

the 1981-82 fiscal year or $86.25 for
each fiscal year thereafter, applied to both group life and group
accident or health coverage, for each public officer, except a senator or assemblyman,
or employee electing to participate in the group insurance program, may be paid
by the department, agency, commission or public agency which employs the
officer or employee in whose behalf that part is paid from money appropriated
to or authorized for that department, agency, commission or public agency for
that purpose. State participation in the cost of monthly premiums must not
exceed the amounts specified in this subsection. If an
officer or employee chooses to cover his dependents, whenever this option is
made available by the committee on group insurance, he must pay the difference
between the amount of the premium for the coverage for himself and his
dependents and the amount paid by the state under this section.

2. A department, agency, commission or
public agency shall not pay any part of those premiums if the group life
insurance or group accident or health insurance is not approved by the
committee on group insurance.

________

CHAPTER 610, AB 404

Assembly Bill No.
404Committee on Judiciary

CHAPTER 610

AN ACT relating to alcohol and drug abuse;
providing for civil commitment of criminal offenders before sentencing but
after conviction; removing eligibility for civil commitment from persons
convicted of driving under the influence of alcohol or drugs, or of
manslaughter or causing the death of or substantial bodily harm to another as a
result of such driving; and providing other matters properly relating thereto.

[Approved June 7, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. NRS
458.300 is hereby amended to read as follows:

458.300 Subject to the provisions of NRS 458.290
to 458.350, inclusive, an alcoholic or a drug addict [charged
with]who has been convicted of a
crime is eligible to elect treatment under the supervision of a state-approved
alcohol or drug treatment facility [instead of
prosecution]before he is sentenced
unless:

1. The crime is a crime against the
person as provided for in chapter 200 of NRS;

2. The crime is that of selling a
controlled substance as defined in chapter 453 of NRS;

3. The crime is
that of driving under the influence of intoxicating liquor or while an habitual
user or under the influence of a controlled substance as provided for in NRS
484.379, or such driving which results in involuntary manslaughter as provided
in NRS 200.070 or which causes the death of or substantial bodily harm to
another person as provided in NRS 484.3795.

4. The
alcoholic or drug addict has a record of one or more convictions of a crime of
violence or of selling a controlled substance as defined
in chapter 453 of NRS, or of two or more convictions of any felony;

defined in chapter 453 of NRS, or of two or more convictions
of any felony;

[4.]5. Other criminal proceedings alleging
commission of a felony are pending against the alcoholic or drug addict;

[5.]6. The alcoholic or drug addict is on
probation or parole and the appropriate parole or probation authority does not
consent to such election; or

[6.]7. The alcoholic or drug addict elected
and was admitted, pursuant to NRS 458.290 to 458.350, inclusive, to a treatment
program on two prior occasions within any consecutive 2-year period.

Sec. 2. NRS
458.310 is hereby amended to read as follows:

458.310 1. If the court has
reason to believe that a person [charged with]who has been convicted of a crime is an alcoholic
or drug addict, or the person states that he is an alcoholic or drug addict,
and the court finds that he is eligible to make the election provided for in
NRS 458.300, the court shall hold a hearing before it
sentences the person to determine whether or not [the
person]he should receive treatment
under the supervision of a state-approved alcohol or drug treatment facility.
The district attorney may present the court with any evidence concerning the
advisability of permitting the person to make the election.

2. At the hearing the court shall advise
him that [prosecution of the charge shall]sentencing will be postponed if he elects to
submit to treatment and is accepted for treatment by a state-approved alcohol
or drug treatment facility. In offering [such]the election, the court shall advise him that:

(a) If he elects to submit to treatment and is
accepted, he may be placed under the supervision of the treatment facility for
a period not to exceed 3 years;

(b) During treatment he may be confined in an
institution or, at the discretion of the treatment facility, released for
treatment or supervised aftercare in the community;

(c) If he satisfactorily completes treatment, as
determined by the court, the [charge or charges
shall be dismissed,]conviction will be
set aside, but if he does not satisfactorily complete [such]the
treatment, [prosecution may be resumed;

(d) Such election
constitutes a formal waiver of the right to a speedy trial.]he may be sentenced and the sentence executed.

Sec. 3. NRS
458.320 is hereby amended to read as follows:

458.320 1. If the court,
after a hearing, determines that a person is entitled to accept the treatment
offered pursuant to NRS 458.310, the court shall order an approved alcohol or
drug treatment facility to conduct an examination of [such]the person to determine whether he is an
alcoholic or drug addict and is likely to be rehabilitated through treatment.
The facility shall report to the court the results of [such]the examination and recommend whether [such]the person
should be placed under supervision for treatment.

2. If the court, acting on the report or
other relevant information, determines that [such]the person is not an alcoholic or drug addict, or
that he is not likely to be rehabilitated through treatment, he may be [held to answer the charge.]sentenced and the sentence executed.

3. If the court determines that [such]the
person is an alcoholic or drug addict and is likely to be rehabilitated through
treatment, the court may defer [trial]sentencing until such time, if any, as [resumption of prosecution]sentencing is authorized pursuant to NRS 458.330, and
place [such]the person under the supervision of an approved alcohol
or drug treatment facility for treatment for a maximum of 3 years. The court
may require such progress reports on the treatment of the person as it deems
necessary.

4. No person may be placed under the
supervision of a facility under this section unless the facility accepts him
for treatment.

Sec. 4. NRS
458.330 is hereby amended to read as follows:

458.330 1. Whenever a person
is placed under the supervision of a treatment facility, [the criminal charge against him shall be continued
without final disposition and dismissed]his
sentencing must be deferred, and his conviction must be set aside if the
treatment facility certifies to the court that [such
person]he has satisfactorily
completed the treatment program [.]and the court approves the certification.

2. If, upon the expiration of the
treatment period, the treatment facility has yet to certify that [such]the person
has completed his treatment program, the [pending
criminal proceeding may be resumed.]court
shall sentence him. If the court believes that [such
person]he will complete his
treatment on a voluntary basis, it may, in its discretion, [dismiss the criminal charge.]set the conviction aside.

3. If, before the treatment period
expires, the treatment facility determines that [such]the person is not likely to benefit from further
treatment at [such]the facility, it shall so advise the court. The court
shall then:

(a) Arrange for the transfer of such person to a
more suitable treatment facility, if any; or

(b) Terminate the supervision and conduct a
hearing to determine whether [the prosecution
should be resumed.

Whenever a criminal proceeding is
resumed,]the person should be sentenced.

Whenever a person is sentenced under
this section, time spent in institutional care [shall]must be deducted from any sentence imposed.

Sec. 5. NRS
458.340 is hereby amended to read as follows:

458.340 The determination of alcoholism
or drug addiction and civil commitment pursuant to NRS 458.290 to 458.350,
inclusive, shall not be deemed a criminal conviction. [The
results of any tests or procedures conducted by the treatment facility or
supervisory aftercare authority to determine alcohol or drug dependency may be
used only in a further proceeding pursuant to NRS 458.290 to 458.350,
inclusive. Such results shall not be used against the person examined in any
criminal proceeding.]

AN ACT relating to crimes; requiring the
report of the abuse, neglect or exploitation of an older person; providing a
penalty; and providing other matters properly relating thereto.

[Approved June 7, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. Chapter
200 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 11, inclusive, of this act.

Sec. 2. It is the policy of this state to provide for the
cooperation of law enforcement officials, courts of competent jurisdiction and
all appropriate state agencies providing human services in identifying the
abuse, neglect and exploitation of older persons through the complete reporting
of abuse, neglect and exploitation of older persons.

Sec. 3. As used in sections 2 to 11, inclusive, of this act,
unless the context otherwise requires:

1. Abuse means
willful and unjustified:

(a) Infliction of pain,
injury or mental anguish; or

(b) Deprivation of food,
shelter, clothing or services which are necessary to maintain the physical or
mental health of an older person.

2. Exploitation
means wrongful use of an older person or his money or property to the advantage
of another if the older person is unable to care for himself.

3. Neglect means
the failure of:

(a) A person who has
assumed legal responsibility or a contractual obligation for caring for an
older person who is unable to care for himself to provide food, shelter,
clothing or services which are necessary to maintain the physical or mental
health of the older person; or

(b) An older person to
provide for his own needs because of inability to do so.

4. Older person
means a person who is 62 years of age or older.

Sec. 4. 1. A report must be made within 3 working
days after an instance of abuse, neglect or exploitation is suspected to the
local office of the welfare division or to the aging services division of the
department of human resources or to any police department or sheriffs office
when there is reason to believe that an older person has been abused, neglected
or exploited. If the report of abuse, neglect or exploitation involves an act
or omission of the welfare division, aging services division or a law
enforcement agency, the report must be made to an agency other than the one
alleged to have committed the act or omission. Each agency, after reducing the
report to writing, shall forward a copy of the report to the aging services
division of the department of human resources.

2. Reports must be
made by:

(a) Every physician,
dentist, chiropractor, optometrist, resident and intern licensed in this state
who examines, attends or treats an older person who appears to have been
abused, neglected or exploited.

(b) The superintendent,
manager or other person in charge of a hospital or similar institution, upon
notification, which must be given by every physician who has attended an older
person who appears to have been abused, neglected or exploited pursuant to his performance
of services as a member of the staff of the hospital or institution.

(c) Every professional or
practical nurse, physicians assistant, psychologist, ambulance driver and
ambulance attendant licensed or certified to practice in this state, who examines,
attends or treats an older person who appears to have been abused, neglected or
exploited.

(d) Every clergyman or
social worker.

(e) Every person who
maintains or is employed by a group care facility.

(f) Every attorney,
unless he has acquired the knowledge of abuse, neglect or exploitation from a
client who has been or may be accused of the abuse, neglect or exploitation.

3. A report may be
filed by any other person.

Sec. 5. 1. The report required pursuant to section
4 of this act may be made orally, by telephone or otherwise. The person who
receives the report must reduce it to writing as soon as possible.

2. The report must
contain the following information, when possible:

(a) The name and address
of the older person;

(b) The name and address
of the person responsible for his care, if there is one;

(c) The name and address,
if available, of the person who is alleged to have abused, neglected or
exploited the older person;

(d) The nature and extent
of the abuse, neglect or exploitation; and

(e) Any evidence of
previous injuries.

Sec. 6. 1. The aging services division of the
department of human resources shall identify and record demographic information
on the older person who is alleged to have been abused, neglected or exploited and
the person who is alleged to be responsible for the abuse, neglect or
exploitation.

Sec. 7. 1. Reports made pursuant to sections 4 and
5 of this act are confidential.

2. Any person, law
enforcement agency or public or private agency, institution or facility who
willfully releases data or information concerning the reports and investigation
of the abuse, neglect or exploitation of older persons, except:

(a) Pursuant to criminal
prosecution under the provisions of sections 3 to 11, inclusive, of this act;
and

(b) To persons or
agencies enumerated in subsection 3 of this section,

is guilty of a misdemeanor.

3. Data or
information concerning the reports and investigations of the abuse, neglect or
exploitation of an older person is available only to:

(a) A physician who has
in his care an older person who he reasonably believes may have been abused,
neglected or exploited;

(b) An agency responsible
for or authorized to undertake the care, treatment and supervision of the older
person;

(c) A district attorney
or other law enforcement official who requires the
information in connection with an investigation of the abuse, neglect or
exploitation of the older person;

the information in connection with an
investigation of the abuse, neglect or exploitation of the older person;

(d) A court which has
determined, in camera, that public disclosure of such information is necessary
for the determination of an issue before it;

(e) A person engaged in
bona fide research, but the identity of the subjects of the report must remain
confidential;

(f) A grand jury upon its
determination that access to such records is necessary in the conduct of its
official business;

(g) Any comparable
authorized person or agency in another jurisdiction;

(h) A legal guardian of
the older person, if the identity of the person who was responsible for
reporting the alleged abuse, neglect or exploitation to the public agency is
protected, and the legal guardian is not the person suspected of the abuse,
neglect or exploitation; or

(i) The person named in
the report as allegedly being abused, neglected or exploited, if that person is
not legally incompetent.

4. If the person
who is reported to have abused or neglected an older person is the holder of a
license or certificate issued pursuant to chapters 630 to 641A, inclusive, of
NRS, information contained in the report must be submitted to the board which
issued the license.

Sec. 8. Immunity from civil or criminal liability extends to
every person participating in good faith in the making of a report pursuant to
sections 4 and 5 of this act.

Sec. 9. In any proceeding resulting from a report made or
action taken pursuant to sections 3 to 11, inclusive, of this act or in any
proceeding where the report of its contents or any other fact related thereto
or to the condition of the older person who is the subject of the report may
not be excluded on the ground that the matter would otherwise be privileged
against disclosure under chapter 49 of NRS.

Sec. 10. Any person who knowingly and willfully violates
sections 3 to 11, inclusive, of this act is guilty of a misdemeanor.

Sec. 11. 1. Any adult person who willfully causes
or permits an older person to suffer unjustifiable physical pain or mental suffering
as a result of abuse, neglect or exploitation, or who willfully causes or
permits an older person to be placed in a situation where the person may suffer
unjustifiable physical pain or mental suffering as the result of abuse, neglect
or exploitation, is guilty of a gross misdemeanor unless a more severe penalty
is prescribed by law for the act or omission which brings about the abuse,
neglect, danger or loss through exploitation.

2. A person who
violates any provision of subsection 1, if substantial bodily or mental harm
results to the older person, shall be punished by imprisonment in the state
prison for not less than 1 year nor more than 6 years.

3. As used in this
section, permit means permission that a reasonable person would not grant and
which amounts to a neglect of responsibility attending the care and custody of
an older person.

AN ACT relating to public works;
prohibiting the naming of certain public works after certain persons; and
providing other matters properly relating thereto.

[Approved June 7, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. Chapter
338 of NRS is hereby amended by adding thereto a new section which shall read
as follows:

No public building or other
public structure, other than a street or road may be named after a person who
is at the time a member of the governing body which has jurisdiction or control
over the building or structure or which is responsible for it.

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. Chapter
706 of NRS is hereby amended by adding thereto a new section which shall read
as follows:

1. Except for the
provisions of NRS 706.281 and NRS 706.481 to 706.631, inclusive, none of the
provisions of NRS 706.011 to 706.791, inclusive, apply to any person, firm or
corporation providing specialized motor carrier service by armored truck to
transport money or other valuable commodities within this state.

2. As used in this
section, armored truck means a vehicle whose carrying capacity is one ton or
more and which has a specially constructed bullet-resistant body, including
specially constructed windshields and window glass.

________

κ1981
Statutes of Nevada, Page 1338κ

CHAPTER 614, SB 23

Senate Bill No.
23Committee on Human Resources and Facilities

CHAPTER 614

AN ACT relating to public libraries;
directing that a proposal to issue state general obligation bonds for building
and expanding public libraries be submitted to a vote of the people; providing
for construction grants to local governmental entities from the proceeds of the
bonds if the issue is approved; and providing other matters properly relating
thereto.

[Approved June 7, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. At
the general election to be held in the State of Nevada in 1982, there shall be
submitted to the voters of the state in the manner prescribed by chapter 349 of
NRS a proposal to issue general obligation bonds of the State of Nevada for the
purposes of building and expanding public libraries in this state in an amount
of not more than $10,000,000. If the proposal is carried, the bonds may be
issued at one time or from time to time.

Sec. 2. 1. If,
on the application of the state librarian with the approval of the Nevada
council on libraries, the interim finance committee finds that one or more
state-supported construction projects for public libraries ought to be
commenced, it may direct:

(a) The state board of examiners to issue a
sufficient amount of the bonds authorized pursuant to section 1 of this act;
and

(b) The state librarian to make grants from the
proceeds of the bonds to local government entities for construction projects
for public libraries, computing the adjusted state and local shares according
to the provisions of section 4 of this act.

2. The state librarian shall not expend
more than the amount authorized unless he has obtained prior approval from the
interim finance committee.

3. The provisions of the State Securities
Law, contained in chapter 349 of NRS, apply to the issuance of bonds under this
act.

Sec. 3. The
state librarian shall administer the program of grants to local governmental
entities for construction projects for public libraries, and he may adopt
regulations as necessary to carry out the program. The Nevada council on
libraries shall review applications for individual grants and may make
recommendations concerning those applications. All applications must be
forwarded to the interim finance committee, together with the recommendations
of the council. The interim finance committee has final authority to approve or
disapprove grants.

Sec. 4. In
order to be eligible for a grant from the proceeds of the bonds, a local
governmental entity planning a state-supported construction project must
provide a local share to match the state share. The basic local share is equal
to the state share and is adjusted in each case to reflect local financial
ability. The amount of the adjusted local share is computed according to the
following formula:

1. The total assessed valuation of the
local governmental entity, as certified by the department of taxation for the
most recent tax year, is divided by the population of that entity to determine
the local assessed valuation per capita.

2. The total assessed valuation of the
state, as certified by the department of taxation for the most recent tax year,
is divided by the population of the state to determine the statewide assessed
valuation per capita.

3. The local assessed valuation per capita
is divided by the statewide assessed valuation per capita to determine what
percentage the local average is of the statewide average.

4. The basic local share (50 percent of
the estimated total cost of the state-supported project) is multiplied by the
quotient computed in subsection 3 to determine the adjusted local share which
must be provided in order to receive a construction grant. The adjusted state
share of the project is determined by subtracting the adjusted local share from
the estimated total cost.

________

CHAPTER 615, SB 240

Senate Bill No.
240Senator Jacobsen

CHAPTER 615

AN ACT relating to chiropractic; authorizing
unlicensed persons to practice under certain circumstances; permitting the
increasing of license fees; specifying the number of hours of a seminar
required for continuing education; and providing other matters properly
relating thereto.

[Approved June 7, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. NRS
634.060 is hereby amended to read as follows:

634.060 1. [It]Except as
provided in subsection 2, it is unlawful for any person:

(a) To practice chiropractic in this state
without a license so to do.

(b) To hold himself out as a chiropractor
without having a license.

2. An applicant
for a license to practice chiropractic who has the qualifications prescribed in
NRS 634.090 may, while waiting to take the boards examination but for no
longer than 2 years, perform chiropractic, but not including manipulation,
under the direct supervision of a chiropractor who is professionally and
legally responsible for the applicants performance.

3. Any
person violating the provisions of this section is guilty of a gross
misdemeanor.

Sec. 2. NRS
634.070 is hereby amended to read as follows:

634.070 1. All
applicants for licenses to practice chiropractic in Nevada [shall]must be
examined semiannually by the board. Examinations [shall]must be held [commencing
on the 2nd Monday of March and on the 2nd Monday of September of each year]
at such [place or] places within
the state [as may be]and at such times as are fixed by the board.

2. The
examinations must be written and oral, practical and demonstrative and cover
the following subjects:

(g) Technique for taking
X-rays, including positioning of the body, and interpretation of X-rays; and

(h) Chiropractic
technique with demonstration.

Sec. 3. NRS
634.110 is hereby amended to read as follows:

634.110 Any [person]applicant of good moral character may be licensed
without written examination upon the payment of
the fee required by this chapter if:

1. He passes the
required oral and practical examination and holds a certificate from the
National Board of Chiropractic Examiners; or

2. He is licensed by a chiropractic board
of any other state or territory which similarly licenses without written examination an applicant of good moral
character licensed by the Nevada state board of chiropractic examiners, and
where the qualifications required are equal to or higher than those required in
this chapter at the date of application.

Sec. 4. NRS
634.120 is hereby amended to read as follows:

634.120 1. All licenses must
be signed by the president and the secretary and be attested by the official
seal of the board. A fee not to exceed [$35]$100 must be collected before a license is
delivered.

2. A license to practice chiropractic
authorizes the holder thereof to use the term chiropractic physician.

Sec. 5. NRS
634.130 is hereby amended to read as follows:

634.130 1. Every person
holding a valid license and actively practicing chiropractic, whether on a
full-time or part-time basis, in the State of Nevada [shall
renew such]may renew that license
each year by paying a renewal fee not to exceed [$100.]$200. Every person who holds a valid license in
the State of Nevada but does not actively practice chiropractic [shall renew such]may renew that license by paying a renewal fee not to
exceed $50.

2. A licensee in active or part-time
practice within this state must submit satisfactory proof to the board that he
has attended at least one 2-day educational seminar of
at least 10 hours approved or endorsed by the board, with the exception
of a licensee who has reached the age of 70 years. The educational requirement
of this section may be waived by the board if the licensee files with the board
a statement of a chiropractic physician, osteopathic physician or doctor of
medicine certifying that the licensee is suffering from serious or disabling
illness or physical disability which prevented him from attending the required
educational seminar during the 12 months immediately preceding the annual
licensing renewal date.

________

κ1981
Statutes of Nevada, Page 1341κ

CHAPTER 616, SB 257

Senate Bill No. 257Committee
on Judiciary

CHAPTER 616

AN ACT relating to compensation for
victims of crime; providing that certain money paid by offenders be applied to
other victims; changing the fund from which the state board of examiners pays
compensation; and providing other matters properly relating thereto.

[Approved June 7, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. NRS
176.189 is hereby amended to read as follows:

176.189 1. The court may
order as a condition of probation or suspension of sentence, in appropriate
circumstances, that the defendant make restitution to the person or persons
named in the order, at the times and in the amounts specified in [such]the order.
Such an order may require payment for medical treatment of any person whom the
defendant has injured.

2. Failure to comply with the terms of an
order for restitution is a violation of a condition of probation or suspension
of sentence unless the defendants failure has been caused by economic hardship
resulting in his inability to pay the amount due. The defendant is entitled to
a hearing to show the existence of such a hardship.

3. If, within 3
years after the defendant has been discharged from probation, the department of
parole and probation has not located the person to whom the restitution was
ordered, the money paid by the defendant must be deposited with the state
treasurer for credit to the fund for the compensation of victims of crime.

Sec. 2. NRS
213.126 is hereby amended to read as follows:

213.126 1. The board may
impose as a condition of parole, in appropriate circumstances, a requirement
that the parolee make restitution to the person or persons named in the
statement of parole conditions, at the times and in the amounts specified in
the statement.

2. All money received by the department
for restitution for:

(a) One victim may; and

(b) More than one victim must,

be deposited in the state treasury for credit to the
restitution trust fund which is hereby created. All payments from the fund must
be paid as other claims against the state are paid.

3. Failure to comply with a restitution
requirement imposed by the board is a violation of a condition of parole unless
the parolees failure was caused by economic hardship resulting in his
inability to pay the amount due. The defendant is entitled to a hearing to show
the existence of that hardship.

4. If, within 3
years after the parolee is discharged from parole, the department has not
located the person to whom the restitution was ordered, the money paid to the
department by the parolee must be deposited in the fund for the compensation of
victims of crime.

Sec. 3. NRS
217.260 is hereby amended to read as follows:

217.260 [Funds]Money for payment of compensation as ordered by
the board [shall]must be paid from the [emergency
fund.]fund for the compensation of victims of crime, which is hereby created.

compensation of victims of crime,
which is hereby created. Money in the fund must be disbursed on the order of
the board in the same manner as other claims against the state are paid.

________

CHAPTER 617, AB 442

Assembly Bill No.
442Committee on Commerce

CHAPTER 617

AN ACT relating to dispensing opticians; amending
provisions on examinations, fees and discipline; and providing other matters
properly relating thereto.

[Approved June 7, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. NRS
637.110 is hereby amended to read as follows:

637.110 1. An application
must be accompanied by a fee of not more than $100 to cover the cost of the
examination and the initial licensing.

2. The board shall, if it approves an
application, examine the applicant in ophthalmic dispensing [. The], except
that the board may waive the examination of an applicant who is, at the
time of application, licensed as a dispensing optician in another state.

3. [The
board shall grade the examination papers returned by the candidates and shall
keep the examination papers of applicants obtaining a grade of less than 75
percent for at least 1 year.

4. Any
unsuccessful candidate may, upon written request to the board, see his graded
examination paper.]To pass the
examination, an applicant must achieve a score of at least 70 percent on the written
portion and 70 percent on the practical portion of the examination.

Sec. 2. NRS
637.122 is hereby amended to read as follows:

637.122 1. A dispensing
optician shall not fit contact lenses unless he is certified to do so pursuant
to this section.

2. The board shall issue a certificate
containing an authorization for its holder to fit contact lenses to any
licensed dispensing optician whose license has been issued by this board and:

(a) Who fitted contact lenses before January 1,
1978, and submits an application with affidavits from two physicians who
specialize in treatment of the eye, testifying to his proficiency in the
fitting of contact lenses. No examination on fitting contact lenses is required
of such an applicant;

(b) Who has successfully completed a course of
instruction on the fitting of contact lenses at a school which offers a degree
of associate in applied science for studies in ophthalmic dispensing and who
has passed the Contact Lens Registry Examination of the National Committee of
Contact Lens Examiners; or

(c) Who has completed at least 1 year of
training and experience in the fitting of contact lenses under the supervision
of a licensed dispensing optician certified to fit
contact lenses, a physician specialized in treatment of the eye, or an
optometrist, and has passed the Contact Lens Registry Examination of the
National Committee of Contact Lens Examiners.

optician certified to fit contact lenses, a physician
specialized in treatment of the eye, or an optometrist, and has passed the
Contact Lens Registry Examination of the National Committee of Contact Lens
Examiners.

A certificate to fit contact lenses
is effective for 1 year but may be renewed.

3. The board may
charge a fee of not more than $100 for its initial issuance of a certificate to
fit contact lenses and for an annual renewal of such a certificate.

4. An applicant
who desires to qualify by obtaining 1 year of training and experience must
first apply to the board for a training permit. The board shall fix a fee of
not more than $15 for the training permit. The permit must be conspicuously
displayed at the place of training. The year of training and experience must
consist of not less than 1,000 hours of experience in fitting and adapting
contact lenses, verification and interpretation of prescriptions for contact
lenses, and in other aspects of the practice and theory of fitting contact
lenses.

[4.]5. The board may issue a training permit
for the fitting of contact lenses to a registered apprentice dispensing
optician to run concurrently with his permit to serve as an apprentice
dispensing optician.

[5.]6. The board may issue a permit, to be effective
for not more than 2 years, to a licensed dispensing optician who is not
certified to fit contact lenses in order that he may train in the fitting of
such lenses.

[6.]7. A dispensing optician:

(a) May fit contact lenses only pursuant to a
written prescription specifying contact lenses.

(b) Shall direct the patient to return to the
prescriber for checking the fit and accuracy of the lenses.

Sec. 3. NRS
637.140 is hereby amended to read as follows:

637.140 1. A license issued
under the provisions of this chapter expires on December 31 of each year, and,
upon payment of a renewal fee of not more than [$50]$200 and presentation of the certificate of
completion required by NRS 637.135, may be renewed at any time not later than
January 31 of the following year.

2. A license not renewed before February
1 of each calendar year shall be deemed forfeited.

Sec. 4. NRS
637.150 is hereby amended to read as follows:

637.150 [The
board may refuse to grant a license to practice as a dispensing optician or may
suspend or revoke a license to practice as a dispensing optician upon]Upon proof to the satisfaction of the board that [the]an applicant
or holder of a license:

1. Has been adjudicated insane;

2. Habitually uses any controlled
substance as defined in chapter 453 of NRS or intoxicants;

3. Has been convicted of a crime
involving moral turpitude;

4. Has advertised fraudulently;

5. Has presented to the board any
diploma, license or certificate that has been signed or issued unlawfully or
under fraudulent representations, or obtains or has obtained a license to
practice in the state through fraud of any kind;

6. Has been convicted of a violation of
any federal or state law relating to a controlled substance as defined in
chapter 453 of NRS;

7. Has violated any regulation of the
board;

8. Has violated any provision of this
chapter;

9. Is incompetent; or

10. Has repeatedly been negligent, as may
be evidenced by claims of malpractice settled against a practitioner [.],

the board may, in the case of an
applicant, refuse to grant him a license, or may, in the case of a holder of a
license, place him on probation, reprimand him privately or publicly, require
him to pay an administrative fine of not more than $2,500, assess upon him the
boards cost of investigating the matter, suspend or revoke his license, or
take any combination of these disciplinary actions.

Sec. 5. Section
4 of this act shall become effective at 12:01 a.m. on July 1, 1981.

________

CHAPTER 618, AB 599

Assembly Bill No.
599Committee on Commerce

CHAPTER 618

AN ACT relating to professional engineers; prohibiting
use of certain forms of the word engineer; and providing other matters
properly relating thereto.

[Approved June 7, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. NRS
625.520 is hereby amended to read as follows:

625.520 1. It is unlawful
for:

(a) Any person, firm, partnership or corporation
not properly licensed or exempted under the provisions of this chapter to:

(1) Practice, continue to practice, offer
to practice or attempt to practice engineering or any branch thereof;

(2) Employ, use or cause to be used any
of the following terms or any combination, variation or abbreviation thereof as
a professional or commercial identification, representation, claim, asset or
means of advantage or benefit, namely, engineer, engineering,
engineered, professional engineer or licensed engineer; or

(3) Directly or indirectly employ any
means which in any manner [whatsoever]
tends or is likely to create the impression on the public or any member thereof
that any person is qualified or authorized to practice engineering.

(b) Any registered professional engineer to
practice or offer to practice a branch of professional engineering in which the
board has not qualified him.

(c) Any person to present or attempt to use, as
his own, the certificate of registration or the seal of another.

(d) Any person to give any false or forged
evidence of any kind to the board or any member thereof in obtaining a
certificate of registration.

(e) Any person to impersonate falsely any other
registrant of like or different name.

(f) Any person to attempt to use an expired or
revoked certificate of registration.

(g) Any person to violate any of the provisions
of this chapter.

2. Whenever any person is engaging or is
about to engage in any acts or practices which constitute a violation of this
chapter, the district court in any county, if [such]the court would have jurisdiction over the
violation, may, upon application of the board, issue an injunction or
restraining order against such acts or practices pursuant to Rule 65 of the
Nevada Rules of Civil Procedure.

3. This section [shall
not be construed to]does not prevent
a contractor licensed under the provisions of chapter 624 of NRS from using the
term engineer or engineering if [such]the term is used by the state contractors board
in describing a specific classification.

4. Subparagraph (2) of paragraph (a) of
subsection 1 does not apply to any foreign corporation, whose securities are
publicly traded and regulated pursuant to the Securities and Exchange Act of
1934, which does not engage in professional engineering.

5. Any person who violates any of the
provisions of subsection 1 is guilty of a gross misdemeanor.

________

CHAPTER 619, SB 276

Senate Bill No.
276Committee on Finance

CHAPTER 619

AN ACT making an appropriation and
authorizing expenditures for capital improvements to state parks and for
improvement of boating and other outdoor recreational facilities associated
with boating; and providing other matters properly relating thereto.

[Approved June 7, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. 1. There
is hereby appropriated from the state general fund to the division of state
parks of the state department of conservation and natural resources the sum of
$481,524 for capital improvements in Nevadas state parks.

2. The division of state parks may expend
the sum of $425,276 obtained from the Federal Government for capital
improvements in Nevadas state parks.

3. For the purposes of this section,
capital improvements include contracts for the services of consultants who
participate with the division of state parks in planning for capital
improvements.

Sec. 2. 1. The
division of state parks of the state department of conservation and natural
resources may expend $398,672 of the money deposited to its credit pursuant to
NRS 365.535 for improvement of boating and other outdoor recreational
facilities associated with boating.

2. The division of state parks may expend
the sum of $371,470 obtained from the Federal Government for improvement of
boating and other outdoor recreational facilities associated with boating.

Sec. 3. Any
remaining balance of the appropriation made by subsection 1 of section 1 of
this act must not be committed for expenditure after June 30, 1983, and reverts
to the state general fund as soon as all payments of money committed have been
made.

Sec. 4. This
act shall become effective upon passage and approval.

________

CHAPTER 620, SB 366

Senate Bill No.
366Committee on Commerce and Labor

CHAPTER 620

AN ACT relating to cosmetology; providing
for the separate licensing of cosmeticians; and providing other matters
properly relating thereto.

[Approved June 7, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. Chapter
644 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 13.5, inclusive, of this act.

Sec. 2. Board means the state board of cosmetology.

Sec. 3. Cosmetician or aesthetician means any person who
engages in the practices of:

1. Beautifying,
massaging, cleansing or stimulating the face, neck, arms, bust or upper part of
the human body, except the hair and scalp, by the use of cosmetic preparations,
antiseptics, tonics, lotions or creams;

2. Giving facials
or skin care or applying makeup or eyelashes to any person; and

3. Removing
superfluous hair from the body of any person by the use of depilatories, waxing
or tweezers,

but does not include the branches of
cosmetology of a hairdresser, electrologist or manicurist.

Sec. 4. Cosmetological establishment means any premises,
building or part of a building where cosmetology is practiced, other than a
licensed barbershop in which one or more licensed manicurists practice.

Sec. 4.5. Cosmetologist means a person who has received a
license from the board to practice as a manicurist, electrologist or
hairdresser and cosmetician.

Sec. 5. Cosmetology includes the occupation of a
cosmetologist or beauty culturist and includes the branches of a cosmetician,
hairdresser, electrologist or manicurist.

Sec. 6. Demonstrator means a person who, on behalf of a
manufacturer, wholesaler, retailer or distributor, demonstrates the use of any
machine or other article pertaining to cosmetology without charge to the
persons to whom the demonstration is given. The term does not include a person
who performs a demonstration for the benefit of persons who hold certificates to practice cosmetology, whether issued
pursuant to this chapter or the licensing provisions of any other state.

hold certificates to practice
cosmetology, whether issued pursuant to this chapter or the licensing
provisions of any other state.

Sec. 7. Electrologist means any person who engages in the
occupation of removing excess or unwanted hair from the body of any person by
the use of electric devices approved by the board, including those operated by
battery, electronic cells or electric current.

Sec. 7.5. Electrologists apprentice means a person engaged in
learning the occupation of an electrologist in a cosmetological establishment.

Sec. 8. Hairdresser means a person who engages in the
practices of:

1. Cleansing,
stimulating or massaging the scalp or cleansing or beautifying the hair by the
use of cosmetic preparations, antiseptics, tonics, lotions or creams.

2. Cutting,
trimming or shaping the hair.

3. Arranging,
dressing, curling, waving, cleansing, singeing, bleaching, tinting, coloring or
straightening the hair of any person with the hands, mechanical or electrical
apparatus or appliances, or by other means, or similar work incident to or
necessary for the proper carrying on of the practice or occupation provided by
the terms of this chapter.

4. Removing
superfluous hair from the body of any person by the use of electrolysis to
remove the hair from the surface of the body where the growth is a blemish, or
by the use of depilatories, waxing or tweezers.

5. Manicuring the
nails of any person.

Sec. 9. Hairdresser and cosmetician means any person who
engages in the practice of cosmetology, except the branch of electrolysis,
unless qualified.

Sec. 10. Junior operator means a person engaged in learning
the occupations of a hairdresser and cosmetician in a hairdressing or
cosmetological establishment.

Sec. 11. Manicurist means any person who, for compensation or
by demonstration, engages in the practices of:

1. Care of
anothers fingernails or toenails.

2. Beautification
of anothers nails.

3. Extension of
anothers nails.

Sec. 12. The board shall admit to examination for a certificate
of registration as a cosmetician any person who has made application to the
board in proper form and paid the fee required by this chapter, and who:

1. Is at least 18
years of age;

2. Is of good
moral character and temperate habits;

3. Is a resident
of Nevada;

4. Has
successfully completed the 10th grade in school or its equivalent; and

5. Has received a
minimum of 600 hours of training, which included theory, modeling and practice,
in a licensed school of cosmetology or 1200 hours as a junior operator, or who
has practiced the occupation of a cosmetician full time for at least 1 year or
its equivalent before July 1, 1981.

Sec. 13. 1. The board shall grant, without
examination, a certificate of registration as a cosmetician to any person who:

(a) Has practiced the
occupation of a cosmetician full time for at least 1 year or its equivalent
before July 1, 1981, in a jurisdiction which has requirements similar to those
of this state; and

(b) Applies before
January 1, 1982, to the board in proper form and pays the required fee.

2. A certificate
of registration issued pursuant to this section authorizes the holder to
practice the occupation of a cosmetician in a licensed cosmetological
establishment. A certificate issued pursuant to this section expires on July 1,
1983, and is not renewable.

3. The board shall
admit to examination for a certificate of registration as a cosmetician any
person to whom a certificate is issued pursuant to this section and who, before
or after the expiration of the certificate, makes a proper application to the
board for the examination and pays the required fee.

Sec. 13.3. 1. A person licensed pursuant to this
chapter may receive a duplicate of that license if the original was destroyed,
misplaced or mutilated.

2. To receive a
duplicate license a person must:

(a) File an affidavit
with the board, on the form prescribed by the board, which states that the
original license was destroyed, misplaced or mutilated; and

(b) Pay a fee of $5.

Sec. 13.5. A student must receive the following amount of
instruction in the classroom before commencing work on the public.

1. A student
enrolled as a hairdresser and cosmetician must receive 250 hours or the
equivalent of 32 days.

2. A student
enrolled as a manicurist must receive 40 hours or the equivalent of 5 days.

3. A student
enrolled as an electrologists apprentice must receive 150 hours or the
equivalent of 20 days.

Sec. 14. NRS
644.020 is hereby amended to read as follows:

644.020 As used in this chapter [:

1. Board means
the state board of cosmetology.

2. Cosmetological
establishment means any premises, building or part of a building where
cosmetology is practiced, other than a licensed barbershop in which one or more
licensed manicurists practice.

3. Cosmetology
includes any branch or any combination of branches of the occupation of a
hairdresser and cosmetician, and any branch or any combination of branches of
the occupation of a cosmetician, or cosmetologist, or beauty culturist, and is
defined as the following practices:

(a) Arranging, dressing,
curling, waving, cleansing, singeing, bleaching, tinting, coloring or
straightening the hair of any person with the hands, mechanical or electrical
apparatus or appliances, or by any means; or similar work incident to or
necessary for the proper carrying on of the practice or occupation provided by
the terms of this chapter.

(b) Cutting, trimming or
shaping the hair.

(c) Massaging, cleansing
or stimulating the scalp, face, neck, arms, bust or upper part of the human
body by the use of cosmetic preparations, antiseptics, tonics, lotions or
creams.

(d) Cleansing or
beautifying the hair by the use of cosmetic preparations, antiseptics, tonics,
lotions or creams.

(e) Beautifying the face,
neck, arms, bust or upper part of the human body by the use of cosmetic
preparations, antiseptics, tonics, lotions or creams.

(f) Removing superfluous
hair from the body of any person by the use of electrolysis to remove the hair
from the surface of the body where the growth is a blemish, or by the use of
depilatories, or by the use of tweezers.

(g) Manicuring the nails
of any person.

4. Demonstrator
means any person who, for the purpose of advertising, promoting or selling any
drug, lotion, compound, preparation or substance, performs or carries on any of
the practices enumerated or defined in this section, in order to advertise,
promote or sell the drug, lotion, compound, preparation or substance.

5. Electrologist
means any person who engages in the occupation of removing excess or unwanted
hair from the body of any person by the use of electric devices approved by the
board, including those operated by battery, electronic cells or electric
current.

6. Hairdresser
and cosmetician means any person who engages in the practice of cosmetology,
except the branches of electrolysis and manicuring.

7. Junior
operator means any person who is engaged in learning or acquiring a knowledge
of the occupations of a hairdresser and cosmetician in a hairdressing or
cosmetological establishment.

8. Manicurist
means any person who, for compensation or by demonstration, engages in the
practices of:

(a) Care of anothers
fingernails or toenails.

(b) Beautification of
anothers nails.

(c) Extension of
anothers nails.], unless the context
otherwise requires, the words and terms defined in sections 2 to 11, inclusive,
of this act have the meanings ascribed to them in those sections.

Sec. 14.1. NRS
644.040 is hereby amended to read as follows:

644.040 1. No person [shall be]is eligible
for appointment as a member of the board:

(a) Who is not [registered
as a hairdresser and cosmetician]licensed
as a cosmetologist under the provisions of this chapter.

(b) [Who is
connected, directly or indirectly, with any school of cosmetology, or was so
connected while previously serving as a member of the board.

(c)] Who is
not, at the time of appointment, either actually engaged in conducting a
cosmetological establishment, or actually engaged in the practice of a branch
of cosmetology.

[(d)](c) Who is not at least 25 years of age.

[(e)](d) Who has not been a [citizen]resident of this state for at least 3 years
immediately [prior to]before his appointment.

2. [At all
times the personnel of the board shall be so constituted that two graduates of
the same school of cosmetology shall not be members at the same time.]Not more than one member of the board may be connected,
directly or indirectly, with any school of cosmetology, or have been so
connected while previously serving as a member of the board.

644.070 1. The board shall
hold meetings for the examination of applicants for registration and for the
transaction of such other business as [shall
pertain]pertains to its duties at
least four times a year.

2. The board may hold such other meetings
for the examination of applicants for registration or for the transaction of
necessary business [as, in its judgment, may be
required,] at such times and places as it [may
determine.]determines.

3. The members of the board [shall each]are
entitled to receive:

(a) A salary of not more than $40 per day, as
fixed by the board, while engaged in the business of the board.

(b) Actual expenses for subsistence and lodging [, not to exceed $25 per day,] and actual
expenses for transportation,[while traveling on business of the board.]as provided for state officers and employees.

4. All such compensation and expenses [shall]must be
paid by the board out of the funds received by it, and no part thereof [shall]may be
paid by the state.

Sec. 14.3. NRS
644.080 is hereby amended to read as follows:

644.080 The board [shall:

1. Prescribe]shall:

1. Prescribe the
duties of its officers, examiners and employees,
and fix the compensation of [such]those employees.

2. [Have
the authority to]May establish
offices in as many localities in the state as it finds necessary to carry out
the provisions of this chapter. All records and files of the board [shall]must be
kept at the main office of the board and [shall,
at all reasonable hours,] be open to public inspection [.]at all
reasonable hours.

3. [Adopt]May adopt a seal.

4. May issue
subpenas to compel the attendance of witnesses and the production of books and
papers.

Sec. 14.4. NRS
644.090 is hereby amended to read as follows:

644.090 The board shall:

1. Hold examinations as to the qualifications
of all applicants for registration, except as otherwise provided in this
chapter, whose applications have been submitted to it in proper form.

2. Issue certificates of registration and
licenses to such applicants as may be entitled thereto.

3. Register cosmetological establishments
and schools of cosmetology.

4. Report to the proper prosecuting
officers all violations of this chapter coming within its knowledge.

5. Inspect schools
of cosmetology and cosmetological establishments to ensure compliance with
statutory requirements and adopted regulations of the board. This authority
extends to any member of the board or its authorized employees.

Sec. 14.5. NRS
644.110 is hereby amended to read as follows:

644.110 The board shall adopt reasonable
regulations:

1. For carrying out the provisions of
this chapter.

2. For conducting examinations of
applicants for registration.

3. For governing the recognition of, and
the credits to be given to, the study of cosmetology [,
or any branch thereof,] under a [hairdresser
and cosmetician,] cosmetologist or in a school of
cosmetology licensed under the laws of another state or territory of the United
States or the District of Columbia.

and cosmetician,]cosmetologist or in a school of cosmetology licensed
under the laws of another state or territory of the United States or the
District of Columbia.

4. For governing the conduct of schools
of cosmetology. The regulations must include, but need not be limited to,
provisions:

(a) Prohibiting schools from requiring that
students purchase beauty supplies for use in the course of study;

(b) Prohibiting schools from deducting earned
hours of school credit or any other compensation earned by a student as a
punishment for misbehavior of the student; [and]

(c) Providing for lunch and coffee recesses for
students during school hours [.]; and

(d) Allowing a member or
an authorized employee of the board to review the records of a students
training and attendance.

Sec. 14.6. NRS
644.120 is hereby amended to read as follows:

644.120 1. The board may
adopt such [rules]regulations governing sanitary conditions as it deems
necessary with particular reference to the precautions to be employed to
prevent the creating or spreading of infectious or contagious diseases in
cosmetological establishments [,]
or schools of cosmetology, or in the practice of a hairdresser and cosmetician.

2. No [rule]regulation governing sanitary conditions thus
adopted [shall have]has any [force or]
effect until it has been approved by the state board of health.

3. A copy of all [rules]regulations governing sanitary conditions which are adopted [and
approved shall]must be furnished
to each person, firm or corporation to whom a certificate of registration and
license is issued for the conduct of a cosmetological establishment, school of
cosmetology [, or for the]or practice of [the
occupations of a hairdresser and cosmetician.]cosmetology.

Sec. 14.7. NRS
644.130 is hereby amended to read as follows:

644.130 The board shall keep a
registration record containing the name, known places of business, and the date
and number of the certificate of registration of every registered [hairdresser and cosmetician, and of those engaged in
the practice of any branch of cosmetology,]cosmetologist, together with the names and addresses of
all cosmetological establishments and schools of cosmetology registered [under]pursuant
to this chapter. The record [shall]must also contain [a
specification of such]the facts [as]which the
applicants for registration [may claim]claimed in their applications to justify their
registration.

Sec. 14.8. NRS
644.150 is hereby amended to read as follows:

644.150 The board [is
authorized, whenever in its judgment it is deemed necessary, to]may employ inspectors, investigators, advisers, examiners and clerks and [to] secure the services of attorneys and
other professional consultants, but no part of the compensation of [such]those persons
or reasonable expenses incurred by the board [shall]may be paid by the state.

Sec. 15. NRS
644.190 is hereby amended to read as follows:

644.190 1. [No person, firm or corporation shall]It is unlawful for any person to conduct or operate a
cosmetological establishment, school of cosmetology, hairdressing shop, beauty
parlor or any other place of business in which any one or
any combination of the occupations of [a hairdresser and cosmetician]
cosmetology are taught or practiced until licensed under the provisions of this
chapter

place of business in which any one or any combination of the
occupations of [a hairdresser and cosmetician]cosmetology are taught or practiced until
licensed under the provisions of this chapter

2. [No
person shall]It is unlawful for any
person to engage in, or attempt to engage in, the practice of
cosmetology or any branch or branches thereof, whether for compensation or
otherwise, until licensed under the provisions of this chapter.

(a) Any junior operator from engaging in any one
or any combination of the occupations of [a
hairdresser and cosmetician]cosmetology
under the immediate supervision of a licensed hairdresser and cosmetician.

(b) Any student in any school of cosmetology,
legally established under the provisions of this chapter, from engaging, in the
school and as a student, in work connected with any branch or any combination
of branches of cosmetology in [such]the school.

(c) An electrologists
apprentice from participating in a course of practical training and study.

Sec. 15.1. NRS
644.200 is hereby amended to read as follows:

644.200 The board shall admit to
examination for a certificate of registration as a registered hairdresser and
cosmetician, at any meeting of the board held [for
the purpose of conducting]to conduct
examinations, any person who has made application
to the board in proper form and paid the fee required by this chapter, and who [:]before or on
the date of the examination:

1. Is not less than 18 years of age.

2. Is of good moral character and
temperate habits.

3. Is a resident of Nevada.

4. Has successfully completed the 10th
grade in school or its equivalent. Testing for equivalency must be pursuant to
applicable state or federal requirements.

5. Has had any one of the following:

(a) Training of at least 1,800 hours, extending
over a school term of 10 months, in a school of cosmetology approved by the board.

(b) Practice of the occupation of a [cosmetologist]hairdresser
and cosmetician for a period of 4 years outside this state.

(c) Service for at least [2
years]3,600 hours in not less than 2
years as a junior operator in a licensed cosmetological establishment in
which all of the occupations of a cosmetologist are practiced.

Sec. 15.2. NRS
644.203 is hereby amended to read as follows:

644.203 The board shall admit to
examination for a certificate of registration as an electrologist any person
who has made application to the board in proper form and paid the fee required
by this chapter, and who [:]before or on the date set for examination:

1. Is not less than 18 years of age.

2. Is of good moral character and
temperate habits.

3. Is a resident of Nevada.

4. Has successfully completed the 12th
grade in school or its equivalent.

(a) A minimum training of 1,000 hours under the
immediate supervision of an approved electrologist in an approved school in
which the practice is taught.

(b) Study of the practice for at least 1,000
hours extending over a period of 5 consecutive months, under an electrologist
licensed [under]pursuant to this chapter, [or
a hairdresser and cosmetician so licensed.]in an approved program for electrologists apprentices.

(c) A valid electrologists license issued by a
state whose licensing requirements are equal to or greater than those of this
state.

(d) Either training or practice, or a
combination of training and practice, in electrolysis outside this state for a
period specified by regulations of the board.

Sec. 15.3. NRS
644.205 is hereby amended to read as follows:

644.205 The board shall admit to
examination for a certificate of registration as a manicurist any person who
has made application to the board in proper form and paid the fee required by
this chapter, and who [:]before or on the date of the examination:

1. Is not less than 18 years of age.

2. Is of good moral character and
temperate habits.

3. Is a resident of Nevada.

4. Has successfully
completed the 10th grade in school or its equivalent.

5. Has had any one of the following:

(a) Practical training of at least 350 hours [extending over a period of not less than 3 months]
under the immediate supervision of a licensed instructor in a licensed school
in which the practice is taught.

(b) Practice in manicuring for a period of 1
year outside the State of Nevada.

Sec. 15.4. NRS
644.210 is hereby amended to read as follows:

644.210 1. [Every]An
application for admission to examination [, and
every application]or for
registration [as a hairdresser and cosmetician,
or] in any branch of cosmetology [,
shall]must be in writing on forms [prepared and] furnished by the board.

2. [Each]An application [shall]must be accompanied by the required fee [,] and [shall]
contain proof of the qualifications of the applicant for examination for
registration. It [shall]must be verified by the oath of the applicant.

Sec. 16. NRS
644.220 is hereby amended to read as follows:

644.220 1. The [amounts of the] examination fees [and reexamination fees required by this chapter are
those fixed by the following schedule:]are:

(a) [The fee for]For examination as a hairdresser and cosmetician [is $20. The fee for each reexamination is $7.50.], $20.

(b) [The fee for]For examination as an electrologist [is $20. The fee for each reexamination is $7.50.], $20.

(c) [The fee for]For examination as a manicurist [is $15. The fee for each reexamination is $7.50.] , $15.

(d) For examination as a
cosmetician, $15.

The fee for each reexamination is
$7.50.

2. Each applicant referred to in
subsection 1 shall, in addition to the fees specified
therein, pay the reasonable value of all supplies necessary to be used in the
examination or examinations.

(b) Written or oral tests in antisepsis,
sterilization, sanitation, and the use of mechanical apparatus and electricity
as applicable to the practice of the occupations of a hairdresser and
cosmetician.

2. The examination may include such other
demonstrations and tests as the board [, in its
discretion,] may require.

Sec. 17. NRS
644.260 is hereby amended to read as follows:

644.260 [Every
applicant for registration to engage in the practice of electrolysis or
manicuring, who shall pass a satisfactory examination conducted by the board to
determine his fitness in the practice of electrolysis or manicuring, shall receive
from the board]1. The board
shall issue a certificate of registration [and
license to engage in the practice of electrolysis or manicuring, as the case
may be, without additional cost, up to and including June 30 following the date
of issue.]as a cosmetician, electrologist
or manicurist to each applicant who passes a satisfactory examination,
conducted by the board to determine his fitness to practice that occupation of
cosmetology.

2. The certificate
of registration entitles the holder, without additional cost, to a license to
engage in practice as a cosmetician, electrologist or manicurist up to and
including June 30 following the date of issue.

Sec. 18. NRS
644.280 is hereby amended to read as follows:

644.280 1. Every certificate
of registration and every license issued by the board [shall]must be signed by the president and attested by
the secretary and [shall]must bear the impress of the boards seal.

2. Every certificate [shall be]is prima
facie evidence of the right of the holder thereof to a license as a registered
hairdresser and cosmetician, a cosmetician, an electrologist
or a manicurist, as the case may be.

Sec. 18.5. NRS
644.290 is hereby amended to read as follows:

644.290 [Every]The holder of a license issued by the board to
practice [the occupation of a hairdresser and
cosmetician, or] any branch of cosmetology [, shall]must display
the license in a conspicuous place in his principal office, place of business [,] or place of employment.

Sec. 19. NRS
644.300 is hereby amended to read as follows:

644.300 Every registered hairdresser and
cosmetician, cosmetician, electrologist [and]or manicurist
shall, within 30 days after changing his place of business, as designated on
the books of the board, notify the secretary of the board of his new place of
business. [, and,
upon]Upon receipt of the
notification, the secretary shall make the necessary change in the register.

Sec. 19.5. NRS
644.310 is hereby amended to read as follows:

644.310 Upon application to the board, accompanied
by a fee of $50, a person registered [as a hairdresser
and cosmetician or] in any branch of cosmetology under the laws of another
state or territory of the United States or the District of Columbia may,
without examination (unless the board, in its discretion, sees fit to require
examination), be granted a certificate of registration and license to practice
the occupation or occupations in which the applicant was previously registered,
upon the following conditions:

$50, a person registered [as a
hairdresser and cosmetician or] in any branch of cosmetology
under the laws of another state or territory of the United States or the
District of Columbia may, without examination (unless the board, in its
discretion, sees fit to require examination), be granted a certificate of
registration and license to practice the occupation or occupations in which the
applicant was previously registered, upon the following conditions:

1. That he is not less than 18 years of
age.

2. That he is a resident of the state.

3. That he is of good moral character and
temperate habits.

4. That the requirements for registration
or licensing [of hairdressers and cosmeticians,
and those engaged in the practice of any branch of cosmetology,]of the branch of cosmetology for which he seeks admission in
the particular state, territory or in the District of Columbia were, at the
date of the previous registration or licensing, [substantially
equal]similar to the requirements
therefor then in force in this state.

Sec. 20. NRS
644.320 is hereby amended to read as follows:

644.320 1. The license of
every hairdresser and cosmetician, cosmetician, electrologist,
and manicurist expires on the second July 1 following its issuance or renewal.

2. Applications for renewal of licenses
may be made to the board at any time during the month of June of the year in
which the license expires. For each month or fraction thereof after the time
for renewal, there must be assessed and collected, at the time of renewal of
the license, a delinquency penalty of $3 for each month or fraction thereof.

3. The renewal fee for each license is
$25, except that if the license will be valid for fewer than [21]12 months,
the fee is $12.50.

4. An application
for the renewal of a license must be made on the form prescribed by the board.
The application must be accompanied by two current photographs of the applicant
which are 1 1/2 by 1 1/2 inches. The name and address of the applicant must be
written on the back of each photograph.

Sec. 21. NRS
644.330 is hereby amended to read as follows:

644.330 1. A registered
hairdresser and cosmetician, cosmetician, electrologist
or manicurist whose license has expired may have [the
same]his license renewed only upon
payment of the renewal fee provided for in NRS 644.320.

2. Any registered hairdresser and
cosmetician, cosmetician, electrologist or
manicurist who retires from practice for more than 1 year may have his license
restored only upon payment of all lapsed renewal fees.

3. No hairdresser and cosmetician, cosmetician, electrologist or manicurist who has
retired from practice for more than 3 years may have his license restored
without examination, unless the board [, in its
discretion,] sees fit to dispense with [such]the examination.

Sec. 22. NRS
644.340 is hereby amended to read as follows:

644.340 1. Any person [, firm or corporation] desiring to
operate a cosmetological establishment in which any one or a combination of the
occupations of [a cosmetologist]cosmetology are practiced [shall]must apply to the board for a certificate of
registration and license, through the owner, manager or person in charge, [in writing,] upon forms prepared and
furnished by the board. Each application must contain
proof of the particular requisites for registration provided for in this
chapter, and must be verified by the oath of the maker.

contain proof of the particular requisites for registration
provided for in this chapter, and must be verified by the oath of the maker.

2. Upon receipt by the board of the
application accompanied by the [annual]biennial registration fee, the board shall issue
to the applicant the required certificate of registration and license.

3. The [annual]biennial registration fee for a cosmetological establishment
is [$18.]$36.
If a license is issued for 12 months or less, the fee is $20.

Sec. 22.3. NRS
644.350 is hereby amended to read as follows:

644.350 1. Applications for
renewal of certificates of registration and licenses to operate cosmetological establishments
[shall]must
be made [annually]biennially during the month of June to the board in the
manner [provided in]prescribed by NRS 644.340, and [shall]must be accompanied by the [annual]biennial registration
fee.

2. For each month or fraction thereof
after July 1 of each year in which a certificate of registration and license
remains unpaid, there [shall]must be assessed and collected, at the time of payment
of the license, a delinquency penalty of $5 for each month or fraction thereof.

3. [Every]A certificate of registration and license which
has not been renewed on July 1 in each year [shall
expire]expires on July 1.

4. If a
cosmetological establishment fails to pay the required fee by October 1 of the
year in which renewal of the license is required, the establishment must be
immediately closed.

Sec. 22.5. NRS
644.370 is hereby amended to read as follows:

644.370 A cosmetological establishment [shall,]must, at
all times, be in charge of and under the immediate supervision of a licensed [hairdresser and cosmetician.]cosmetologist.

Sec. 23. NRS
644.380 is hereby amended to read as follows:

644.380 1. Any person [, firm or corporation] desiring to
conduct a school of cosmetology in which any one or any combination of the occupations
of [a hairdresser and cosmetician]cosmetology are taught [shall]must apply to the board for a certificate of
registration and license, through the owner, manager or person in charge, [in writing,] upon forms prepared and
furnished by the board. Each application [shall]must contain proof of the particular requisites
for registration provided for in this chapter, and [shall]must be verified by the oath of the maker. [Such]The forms
[shall]must
be accompanied by:

(a) A detailed floor plan of the proposed
school.

(b) The name, address and license number of the
manager or person in charge and of each instructor.

(c) Evidence of financial ability to provide the
facilities and equipment required by [rules]regulations of the board and to maintain the
operation of the proposed school for [a period of]
1 year.

(d) Proof that the proposed school will commence
operation with an enrollment of not less than 25 bona fide students.

(e) The annual registration fee.

(f) The name and address
of the person designated to accept service of process.

2. Upon receipt by the board of the
application, the board shall, before issuing a certificate of registration and
license, determine whether the proposed school:

(c) Meets all requirements established by [rules]regulations
of the board.

3. The annual registration fee for a
school of cosmetology is $300.

Sec. 23.1. NRS
644.383 is hereby amended to read as follows:

644.383 1. The owner of each
school of cosmetology shall post with the board a [good
and sufficient] surety bond executed by the applicant as
principal and by a surety company as surety in the amount of $5,000.

2. The bond [shall]must be in the form approved by the board and [shall]must be
conditioned upon compliance with the provisions of this chapter and upon
faithful compliance with the terms and conditions of any and all contracts,
verbal or written, made by the school to furnish instruction to any person. The
bond [shall]must be to the State of Nevada in favor of every person
who pays or deposits [any] money
with the school as payment for [any]
instruction. [Every bond shall continue]A bond continues in [force
and] effect until notice of termination is given by registered or
certified mail to the board and every bond [shall]must set forth this fact.

3. [Any]A person claiming to be injured or damaged by [any]an act
of the school may maintain an action in any court of
competent jurisdiction on the bond against the school and the surety
named therein, or either of them, for refund of tuition paid and any judgment
against the principal or surety in any such action [shall]must include the costs thereof and those incident
to the bringing of the action, including a reasonable [attorney]attorneys fee. The aggregate liability of the
surety to all such persons [shall]may not, however, exceed the sum of the bond.

Sec. 23.2. NRS
644.400 is hereby amended to read as follows:

644.400 1. A school of
cosmetology must at all times be in charge of and under the immediate
supervision of a licensed instructor who has had practical experience of at
least 1 year in the practice of a majority of the branches of cosmetology in an
established place of business.

2. A school of cosmetology shall:

(a) Maintain a school term of not less than
1,800 hours extending over a period of not less than 10 months nor more than 24
months, and maintain a course of practical training and technical instruction
equal to the requirements for examination for a certificate of registration as
a hairdresser and cosmetician.

(b) Maintain apparatus and equipment sufficient for
the ready and full teaching of all the subjects of its curriculum.

(c) Keep a daily record of the attendance of
each student, [and] a record
devoted to the different practices, [and shall]
establish grades and hold examinations before issuing diplomas. These records must be submitted to the board pursuant to its
regulations.

(d) Include in its curriculum a course of shop deportment
consisting of instruction in courtesy, neatness and professional attitude in
meeting the public.

(e) Arrange the courses devoted to each branch
or practice of cosmetology as the board may from time to time adopt as the
course to be followed by the schools.

(f) Not allow any student to perform services on
the public for more than 7 hours in any day nor for more than 5 days out of
every 7.

(g) Conduct at least [1
hour of theory instruction each day,]5
hours of instruction in theory in each 40-hour week, which must be
attended by all registered students. [Any student
who does not attend such theory instruction on a particular day shall not be
allowed to perform services on patrons on that day.]

(h) Require that all student work be done on a
rotation basis.

3. Every cosmetological establishment
which exacts a fee for the teaching of any branch of cosmetology, except the
teaching of junior operators in any branch of cosmetology, is a school of
cosmetology within the meaning of this section, and shall comply with all of
its provisions, as well as regulations adopted by the board.

4. Each school of cosmetology shall
maintain a staff of at least two licensed instructors and one additional
instructor for each 25 enrolled students, or major portion thereof, over 50
students. A school of cosmetology must have at least two
instructors present and teaching at any time while the school is open.

5. Each instructor shall:

(a) Be a licensed [hairdresser
and cosmetician.]cosmetologist.

(b) Pay a biennial license fee of $10.

(c) Have successfully completed the 12th grade
in school or its equivalent.

(d) Have 1 years experience as a [hairdresser and cosmetician.]cosmetologist.

(e) Have completed 1,000 hours of teacher
training in a school of cosmetology.

(f) Take one or more courses in advanced
teacher-training techniques, approved by the board, whose combined duration is
at least 30 hours during each 2-year period.

Sec. 23.3. NRS
644.405 is hereby amended to read as follows:

644.405 No school of cosmetology may
advertise student work to the public for pay through any medium, including
radio, unless the work advertised is expressly designated as [student work. All students must be schooled for 250
hours or the equivalent of 32 days before students are allowed to work on the
public.]students work.

Sec. 23.4. NRS
644.420 is hereby amended to read as follows:

644.420 1. Before
engaging in the business of demonstrator in this state, a person must apply for
and receive a license from the board. The fee for the initial license is $20,
and the [annual]biennial renewal fee is [$7.50.]$15.

2. An application
for the renewal of a license must be paid on or before July 1 of the year of
expiration. If a license is renewed on or before September 1 of that year, a
delinquency penalty of $3 for each month or fraction thereof must be assessed
and collected at the time of renewal. If a license is not renewed by September
1, the license expires and a new application must be submitted.

Sec. 24. NRS
644.425 is hereby amended to read as follows:

644.425 1. The board may
grant a permit authorizing a person to conduct demonstrations and exhibitions,
temporarily and primarily for educational purposes, of hair-styling, makeup and
hair-dyeing techniques for the benefit and instruction of
hairdressers [,] and cosmeticians, cosmeticians, electrologists and manicurists
licensed under this chapter, and junior operators and students enrolled in
licensed schools of cosmetology.

for the benefit and instruction of hairdressers [,]and cosmeticians,
cosmeticians, electrologists and manicurists
licensed under this chapter, and junior operators
and students enrolled in licensed schools of cosmetology.

2. The permit must specify the purpose
for which it is granted, the period during which the person is permitted to
conduct [such]the demonstrations and exhibitions, which period may
not exceed 10 days, and the time and place of exercising the privilege granted
by the permit.

3. A person may be granted a permit under
this section only if he:

(a) Makes application to the board for the
permit [.];
and

(b) Demonstrates to the satisfaction of the
board that the permit is sought primarily for educational purposes.

4. The provisions of this section do not
apply to demonstrators licensed under this chapter.

5. It is unlawful:

(a) For any person to conduct a demonstration or
exhibition without a permit.

(b) For any person who is granted a permit to
allow persons other than hairdressers [,]and cosmeticians, cosmeticians,
electrologists and manicurists licensed under this chapter, and junior operators and students enrolled in licensed
schools of cosmetology to attend any demonstration or exhibition made or given
by him.

Sec. 25. NRS
644.430 is hereby amended to read as follows:

644.430 [The
board shall not issue, or having issued shall not renew, or may revoke or suspend
at any time, any license as required by the provisions of NRS 644.190 in any
one of the following cases:]

1. The following
are grounds for disciplinary action by the board:

[1.](a) Failure of a person, firm or corporation
operating a cosmetological establishment to comply with the requirements of
this chapter.

[2.](b) Failure to comply with the [rules]regulations
adopted by the board [and approved by the state
board of health for the regulation of]for
cosmetological establishments, schools of cosmetology or the practice of the
occupations of a [hairdresser and cosmetician.]cosmetologist.

[3.](c) Obtaining practice in cosmetology or any
branch thereof, or money or any thing of value, by fraudulent
misrepresentation.

[4.](d) Gross malpractice.

[5.](e) Continued practice by a person knowingly
having an infectious or contagious disease.

[6.](f) Drunkenness or addiction to the use of a
controlled substance as defined by chapter 453 of NRS.

[7.](g) Advertisement by means of knowingly false or
deceptive statements.

[8.](h) Permitting a certificate of registration or
license to be used where the holder thereof is not personally, actively and
continuously engaged in business.

[9.](i) Failure to display the license as provided in
NRS 644.290, 644.360 and 644.410.

[10.](j) Entering, by a school of cosmetology, into an
unconscionable contract with a student of cosmetology.

AN ACT relating to district judges;
providing a salary for their availability to serve ex officio as members of a
board of law library trustees and for their availability to sit on the supreme
court; and providing other matters properly relating thereto.

[Approved June 7, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. NRS
3.030 is hereby amended to read as follows:

3.030 1. The annual salary
of each district judge is $43,000.

2. In addition to
the salary specified in subsection 1, each district judge who is available to
serve ex officio as a member of a board of law library trustees and is
available to sit on the supreme court whenever designated by the governor is
entitled to receive an annual salary of $13,000.

3. All of
the salaries must be paid in biweekly installments out of the district judges salary
account of the supreme court.

[3.]4. No salary of any district judge may be
paid in advance.

Sec. 2. NRS
3.030 is hereby amended to read as follows:

3.030 1. The annual salary
of each district judge is [$43,000.]$56,000.

2. [In
addition to the salary specified in subsection 1, each district judge who is
available to serve ex officio as a member of a board of law library trustees
and is available to sit on the supreme court whenever designated by the
governor is entitled to receive an annual salary of $13,000.

3.] All
of the salaries must be paid in biweekly installments out of the district
judges salary account of the supreme court.

[4.]3. No salary of any district judge may be
paid in advance.

Sec. 3. Chapter
380 of NRS is hereby amended by adding thereto a new section which shall read
as follows:

The office of trustee is
honorary, without salary or other compensation.

Sec. 4. NRS
380.070 is hereby repealed.

Sec. 5. 1. This
section shall become effective upon passage and approval.

2. Sections 1 and 4 of this act shall
become effective on the 1st Monday of January in 1983.

3. Sections 2 and 3 of this act shall
become effective on the 1st Monday of January in 1985.

________

CHAPTER 622, SB 455

Senate Bill No.
455Committee on Judiciary

CHAPTER 622

AN ACT relating to traffic laws; providing
for chemical tests for alcohol or controlled substances on persons who have
been incapacitated and not arrested; adding licensed practical nurses and
paramedics to persons qualified to draw blood for blood tests; removing
requirement that persons arrested for driving under the influence of alcohol or
a controlled substance be taken before a magistrate if he is being treated for
injuries; and providing other matters properly relating thereto.

[Approved June 7, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. NRS
484.383 is hereby amended to read as follows:

484.383 1. Except as
provided in subsections 4 and 5, any person who drives a vehicle upon a highway
in this state shall be deemed to have given his consent to a chemical test of
his blood, urine, breath or other bodily substance for the purpose of
determining the alcoholic content of his blood or the presence of a controlled
substance when such a test is administered at the
direction of a police officer having reasonable grounds to believe that the
person to be tested was driving a vehicle while under the influence of
intoxicating liquor or a controlled substance and [after]:

(a) After he was
arrested for any offense allegedly committed while he was driving a vehicle
under the influence of intoxicating liquor or a controlled substance [.]; or

(b) He is dead,
unconscious or otherwise in a condition rendering him incapable of being
arrested.

2. The person arrested must be informed
that his failure to submit to such test will result in the suspension of his
privilege to drive a vehicle for a period of 6 months.

3. Any person who is dead, unconscious,
or otherwise in a condition rendering him incapable of refusal shall be deemed
not to have withdrawn his consent, and any such test may be administered whether
or not the person is informed that his failure to submit to the test will
result in the suspension of his privilege to drive a vehicle for a period of 6
months.

4. Any person who is afflicted with
hemophilia or with a heart condition requiring the use of an anticoagulant as
determined by a physician is exempt from any blood test which may be required
pursuant to this section.

5. Where the alcoholic content of the
defendants blood is in issue, a person may refuse to submit to a blood test if
means are reasonably available to perform a breath or urine test, and may
refuse to submit to a blood or urine test if means are
reasonably available to perform a breath test.

blood or urine test if means are reasonably available to
perform a breath test. Where the presence of a controlled substance in the
blood of the person arrested is in issue, he may refuse to submit to a blood
test if means are reasonably available to perform a urine test, but he may not
submit to a breath test in lieu of submitting to a blood or urine test.

6. If a person under arrest refuses to
submit to a required chemical test as directed by a police officer under this
section, the police officer shall submit to the department of motor vehicles
within 10 days a sworn written statement that he had reasonable grounds to
believe the arrested person had been driving a vehicle upon a highway while under
the influence of intoxicating liquor or a controlled substance and that the
person refused to submit to the test upon the officers request.

Sec. 2. NRS
484.393 is hereby amended to read as follows:

484.393 1. The results of
any blood test administered under the provisions of NRS 484.383 or 484.391 [shall not be]are
not admissible in any hearing of criminal action arising out of the acts
alleged to have been committed while a person was under the influence of
intoxicating liquor or a controlled substance unless the blood tested was
withdrawn by a physician, registered nurse, licensed
practical nurse, advanced emergency medical technician-ambulance or a
technician employed in a medical laboratory.

2. The limitation contained in subsection
1 [shall]does
not apply to the taking of a chemical test of the urine, breath or other
bodily substance.

3. No [such]
physician, registered nurse, licensed practical nurse,
advanced emergency medical technician-ambulance or technician [shall incur]incurs
any civil or criminal liability as a result of the administering of a
blood test when requested by a police officer or the person to be tested to
administer such test.

Sec. 3. NRS
484.795 is hereby amended to read as follows:

484.795 Whenever any person is halted by
a peace officer for any violation of this chapter and is not required to be
taken before a magistrate, the person [shall,]may, in the discretion of the peace officer,
either be given a traffic citation, or be taken without unnecessary delay
before the proper magistrate. He [shall]must be taken before the magistrate in any of the
following cases:

1. When the person does not furnish
satisfactory evidence of identity or when the peace officer has reasonable and
probable grounds to believe the person will disregard a written promise to
appear in court;

2. When the person is charged with a
violation of NRS 484.701, relating to the refusal of a driver of a vehicle to
submit [such]the vehicle to an inspection and test;

3. When the person is charged with a
violation of NRS 484.755, relating to the failure or refusal of a driver of a
vehicle to submit the vehicle and load to a weighing or to remove excess weight
therefrom; or

4. When the person is charged with a
violation of NRS 484.379 [.], unless he is incapacitated and is being treated for injuries
at the time the peace officer would otherwise be taking him before the
magistrate.

________

κ1981
Statutes of Nevada, Page 1363κ

CHAPTER 623, SB 504

Senate Bill No.
504Senators Getto and Jacobsen

CHAPTER 623

AN ACT relating to fairs; creating the
advisory board of trustees for the trust relating to the fairground and
providing for its organization, powers and duties; and providing other matters
properly relating thereto.

[Approved June 7, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. Chapter
551 of NRS is hereby amended by adding thereto a new section which shall read
as follows:

1. The state
advisory board of trustees for the trust relating to the fairground, consisting
of ten members appointed by the governor, is hereby created.

2. The governor
shall appoint:

(a) As representatives of
the Nevada state fair board, its president and manager.

(b) As representatives of
the Reno Rodeo Association, its president and vice president.

(c) A representative of
the 4-H Club Leaders Council.

(d) A representative of
the Nevada junior livestock show board.

(e) A member of the
legislature.

(f) A representative of
the Nevada State Horsemens Association.

(g) A prominent member of
one of the cattle breeders associations in the state, to represent those
associations.

(h) A person engaged in a
business related to farming or ranching.

3. The board shall
review:

(a) All uses of the real
property leased to Washoe County for use as a fairground.

(b) Any physical
improvements or changes to the facilities at the fairground,

to ensure that the use of the
property for purposes related to agriculture and livestock continues in
compliance with the trust provisions imposed upon the conveyance.

Sec. 2. The
governor shall appoint to the board 10 persons who are qualified under
paragraphs (a) to (h), inclusive, of subsection 2 of section 1 of this act to
terms as follows:

1. Three members to terms expiring on
June 30, 1982.

2. Three members to terms expiring on
June 30, 1983.

3. Four members to terms expiring on June
30, 1984.

________

κ1981
Statutes of Nevada, Page 1364κ

CHAPTER 624, SB 513

Senate Bill No. 513Senator
Neal

CHAPTER 624

AN ACT relating to public finance;
authorizing the deposit of state money in insured credit unions; and providing
other matters properly relating thereto.

[Approved June 7, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. NRS
353.070 is hereby amended to read as follows:

353.070 It is unlawful for the
legislative auditor to count as money in the state treasury anything but actual
checks pending deposit and currency in the custody of the state treasurer, or
deposits in depository banks, credit unions or in
insured savings and loan associations.

Sec. 2. NRS
353.075 is hereby amended to read as follows:

353.075 1. When the count of
state money, funds and securities is completed, the legislative auditor shall
make a report and file it in the office of the secretary of state. When filed
with the secretary of state, the report is a public record.

2. The report must show separately:

(a) The actual amount of money in the state
treasury in the custody of the state treasurer.

(b) The amounts on deposit, listing each
depository bank, credit union or savings and loan
association and the amounts on deposit.

(c) Lists of all state-owned securities in the
state treasury which are in the custody of the state treasurer or in depository
banks, credit unions or insured savings and loan
associations.

(d) A statement of securities deposited with the
state treasurer for safekeeping showing the total value of the securities, the
department or commission for whom the state treasurer holds the securities, and
the purpose for which the securities were obtained.

Sec. 3. NRS
356.005 is hereby amended to read as follows:

356.005 1. The state, a
local government or an agency of either, if specifically authorized by statute
or a state agency if approved by the state board of finance, may deposit public
money in any insured state or national bank, in any
insured credit union or in any insured savings and loan association.

2. Deposits made by the state in an
insured credit union or savings and loan
association which is a mutual association must be evidenced by an instrument
which acknowledges that the state is not a member of the association by virtue
of the deposit.

Sec. 4. NRS
356.010 is hereby amended to read as follows:

356.010 1. All money under
the control of the state treasurer belonging to the state must be deposited in
any state or national banks, any insured credit union or
in any insured savings and loan associations in [the
State of Nevada,]this state, or in
any banks or insured savings and loan associations outside of [the State of Nevada]this state as provided in NRS 356.100. [, and the]The depository banks or savings and loan
associations shall handle, collect and pay all checks, drafts and other
exchange without cost to the state.

2. Any sums so deposited are deemed to be
in the state treasury if the banks, credit unions or
savings and loan associations in which the money is deposited furnish, before
or simultaneously with the making of the deposits, security as provided in NRS
356.010 to 356.110, inclusive.

the banks, credit unions or
savings and loan associations in which the money is deposited furnish, before
or simultaneously with the making of the deposits, security as provided in NRS
356.010 to 356.110, inclusive.

Sec. 5. NRS
356.011 is hereby amended to read as follows:

356.011 1. A state agency
which opens an account in a bank, credit union or
savings and loan association must first obtain the approval of the state board
of finance, except in cases where the account is specifically authorized by
statute.

2. The titles of the accounts must
indicate that the account is in the name of the State of Nevada.

3. The state treasurer shall keep a list
of all state accounts in banks, credit unions or
savings and loan associations, whether they are maintained within or outside
the state. The list must contain:

(a) The names of those financial institutions
with which state agencies have accounts, and the names of those agencies.

(b) The names of those state agencies which have
accounts with banks, credit unions and savings
and loan associations, and the names of those financial institutions.

4. Each state agency shall send to the
state controller at the end of each fiscal year a copy of the statement of
account for each account it maintains with a bank,
credit union or savings and loan association, and other related
documents which reconcile the account to the agencys books.

Sec. 6. NRS
356.020 is hereby amended to read as follows:

356.020 1. All money deposited
by the state treasurer which is not within the limits of insurance provided by
an instrumentality of the United States must be secured by:

(a) Obligations of the United States;

(b) Bonds of this state;

(c) Bonds of any county, municipality or school
district within this state;

(d) Promissory notes secured by first mortgages
or first deeds of trust which meet the requirements of section 3 of this act;
or

(e) Instruments in which the state is permitted
by NRS 355.140 to invest.

2. Collateral deposited by the depository
bank, credit union or savings and loan
association must be pledged with the state treasurer or with any federal home
loan bank, any bank or any insured credit union or savings
and loan association, other than the depository bank,
credit union or savings and loan association, which will accept the
securities in trust for the purposes of this section.

3. The amount, in par value, of the
deposit of securities as collateral by each depository bank, credit union or savings and loan association must be
at least the amount of the state treasurers deposit with the depository bank, credit union or association except that the amount of
any collateral consisting of promissory notes with first mortgages or first
deeds of trust must be at least twice the amount of the deposit which is to be
secured by that collateral.

4. All securities to be used as such
collateral must be approved in writing by the state treasurer and are subject
to review by the state board of finance.

5. The state treasurer or the state board
of finance may, from time to time, require the deposit of additional securities
as collateral if, in their judgment, the additional securities are necessary to
maintain each deposit.

6. The securities, or any part thereof,
may be withdrawn on the consent of the state treasurer, but no withdrawal is
permitted which will reduce the security below the requirements of this
section.

Sec. 7. NRS
356.030 is hereby amended to read as follows:

356.030 1. If any insured
banks, insured credit unions or any insured
savings and loan associations fail to pay any deposit or deposits, or any part
thereof, on demand of the state treasurer, then the state treasurer, with the
written approval of the state board of finance, forthwith shall:

(a) Advertise such securities for sale for [a period of] not less than 10 days in a
newspaper of general circulation published within [the
State of Nevada.]this state.

(b) Sell the securities, or a sufficient amount
thereof, to repay the deposit, at public or private sale to the highest and
best bidder.

(c) Apply the proceeds of the sale, including
accrued interest, if any, toward the cancellation of the deposit.

2. If there is an excess of such proceeds
or of security, or both, after the satisfaction of the deposit, the excess must
be returned to the depository bank, credit union or
savings and loan association or its successor in interest.

3. Nothing in this section prevents the
depository bank, credit union or savings and loan
association, or the superintendent of banks [or], the commissioner of credit unions or the commissioner
of savings associations in charge thereof, or the legally constituted receiver
or liquidator thereof from redeeming the securities within a reasonable time,
as determined by the state board of finance, at such a price as will repay to
the state treasurer the full amount of the deposit in the depository.

Sec. 8. NRS
356.040 is hereby amended to read as follows:

356.040 1. At the close of
business at the end of each month and at any other time, upon demand of the state
treasurer or the state board of finance, every depository bank, credit union or savings and loan association shall:

(a) Furnish the state treasurer with a statement
of the account,[duly]
verified or certified by some officer of the depository, upon a form to be
fixed by the state treasurer.

(b) Return to the state treasurer all paid
checks and vouchers.

(c) Mail a copy of the statement of the account
to the state board of finance and a copy to the superintendent of banks [or], the
commissioner of credit unions or the commissioner of savings
associations. The superintendent or commissioner immediately shall mail a copy
thereof to the president or other chief executive
officer of the bank, credit union or
savings and loan association.

2. Every such insured bank, credit union or savings and loan association shall
also, upon demand of the superintendent or commissioner, furnish him with such
a verified statement and paid checks and vouchers.

Sec. 9. NRS
356.070 is hereby amended to read as follows:

356.070 1. Deposits are
subject to withdrawal upon demand of the state treasurer at any time without
previous notice, but no withdrawal of such deposit or
deposits, except by a state controllers warrant in the manner set forth in NRS
356.080, may be made by the state treasurer without the written consent of the
state board of finance.

such deposit or deposits, except by a state controllers
warrant in the manner set forth in NRS 356.080, may be made by the state
treasurer without the written consent of the state board of finance.

2. A warrant of the state controller is a
check or order of the state treasurer, and must be paid by the depository bank, credit union or savings and loan association
designated thereon when registered, countersigned, and the bank, credit union or savings and loan association has been
designated for payment thereof as provided in NRS 356.080.

3. The state treasurer shall keep a
register which shows separately the amount of state money on deposit with every
insured depository bank, insured credit union or
insured savings and loan association and lists separately each check or order
drawn upon the respective [bank]
depositories, numbering the checks or orders against each depository
consecutively.

Sec. 10. NRS
356.080 is hereby amended to read as follows:

356.080 1. Whenever any
warrant of the state controller is presented to the state treasurer for
payment, the warrant becomes a check or order of the state treasurer if the
state treasurer endorses thereon the name of the insured depository bank, insured credit union or insured savings and loan
association, where payable, and a number, as provided by NRS 356.070, and
countersigns his name thereto as state treasurer.

2. [Such a]The warrant must be drawn, as near as may be,
upon the insured depository bank, insured credit union or
insured savings and loan association nearest the residence, if known, of the
payee named in the warrant.

Sec. 11. NRS
356.085 is hereby amended to read as follows:

356.085 The interest to be paid by a
depository bank, credit union or savings and loan
association [shall]must be paid in accordance with the contract made with
the state treasurer and in an amount determined by the rates established
pursuant to NRS 356.015 or by any Act of Congress.

Sec. 12. NRS
356.090 is hereby amended to read as follows:

356.090 In consideration of no exchange
or collection charges being made on checks or coupons of, or remittance to, the
state, any banks, insured credit unions or
insured savings and loan associations at the state capital may be relieved by
the state treasurer, with the approval of the state board of finance, from the
payment of any interest on amounts deposited with them.

Sec. 13. NRS
356.100 is hereby amended to read as follows:

356.100 If deposits in depositories
within this state are at or near the limit of deposits allowable under the
value of bonds or securities pledged by such banks,
insured credit unions or insured savings and loan associations, or as
otherwise limited by NRS 356.010 to 356.110, inclusive, and an excess of money
has accumulated in the state treasury, the state treasurer may:

1. Subject to the provisions of NRS
356.010 to 356.110, inclusive, with the written consent and approval of the
state board of finance, deposit such amounts of money as may be advisable in
banks or insured savings and loan associations situated outside of [the State of Nevada;]this state; and

2. By check or order signed by the state
treasurer and countersigned by at least two members of the state board of
finance, withdraw the deposits as needed.

Sec. 14. NRS
356.210 is hereby amended to read as follows:

356.210 It is unlawful for any person,
firm, company or corporation knowingly to deliver to any public officer of [the State of Nevada]this state or of any political subdivision thereof, or
for any such public officer knowingly to accept, any depository bond of any
surety company for the security of any public money deposited or to be
deposited by the officer in any banking or trust company,
insured credit union or insured savings and loan association any
stockholder, member or director of which, at the
time of the execution of the depository bond, is a stockholder or director in
the surety company.

Sec. 15. NRS
356.220 is hereby amended to read as follows:

356.220 A public officer shall not accept
any such depository bond unless there is attached thereto a certificate, under
oath, of some authorized officer or agent of the surety company to the effect
that, at the time of executing the bond, no stockholder or director of the
surety company furnishing the bond is a stockholder,
member or director in any banking or trust company, insured credit union or any insured savings and loan
association in which the public money is or is to be deposited knowingly.

Sec. 16. NRS
678.470 is hereby amended to read as follows:

678.470 A credit union may, subject to
the regulations or approval of the commissioner:

1. Receive from its members or from the
members of another credit union deposits which are payable on demand and honor
requests for withdrawals in the form of check or drafts.

2. Receive
deposits from the state treasurer which are payable on demand pursuant to the
provisions of chapter 356 of NRS.

3. Borrow
from any source in accordance with the policy established by the board of
directors and discount and sell any eligible obligations.

[3.]4. Sell all or any part of its assets or
purchase all or any part of the assets of another credit union.

Sec. 17. Section
4 of this act shall become effective at 12:01 a.m. on July 1, 1981.

________

CHAPTER 625, SB 514

Senate Bill No. 514Committee
on Finance

CHAPTER 625

AN ACT relating to district courts;
providing for the continuing education of district judges; creating a special
revenue fund; increasing filing fees in civil actions; making an appropriation;
and providing other matters properly relating thereto.

[Approved June 7, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. Chapter
3 of NRS is hereby amended by adding thereto a new section which shall read as
follows:

1. The court
administrator shall, at the direction of the chief justice of the supreme court, arrange for the giving of instruction, at
the National Judicial College in Reno, Nevada, or elsewhere:

of the supreme court, arrange for the
giving of instruction, at the National Judicial College in Reno, Nevada, or
elsewhere:

(a) In court procedure,
recordkeeping and the elements of substantive law appropriate to a district
court, to each district judge who is first elected or appointed to office after
July 1, 1981, and to other district judges who so desire and who can be accommodated,
between each general election and January 1 next following.

(b) In statutory
amendments and other developments in the law appropriate to a district court,
to all district judges at convenient intervals.

2. The costs of
the instruction must be paid from the fund for the continuing education of
district judges which is hereby created as a special revenue fund. Support for
the fund must be provided by legislative appropriations from the state general
fund. The court administrator shall administer the fund and claims against the
fund must be paid as other claims against the state are paid.

Sec. 2. NRS
19.030 is hereby amended to read as follows:

19.030 1. On the
commencement of any civil action or proceeding in the district court, the
county clerk of each county, in addition to any other fees now provided by law,
shall charge and collect [$15]$16 from the party commencing [such]the action or proceeding.

2. On or before the 1st Monday of each
month, the county clerk shall pay over to the county treasurer an amount equal
to [$15]$16
per civil case commenced as provided in subsection 1, for the preceding
calendar month, and the county treasurer shall place the same to the credit of
the state fund. The county treasurer shall remit quarterly all such fees turned
over to him by the county clerk to the state treasurer, to be placed by the
state treasurer in the general fund of the state.

Sec. 3. 1. There
is hereby appropriated from the state general fund to the fund for the
continuing education of district judges created pursuant to section 1 of this
act:

For the fiscal year 1981-82............................................................ $27,000

For the fiscal year 1982-83............................................................ 27,000

2. The sums appropriated by subsection 1
are available for either fiscal year. Any balance of those sums must not be committed
for expenditure after June 30, 1983, and reverts to the state general fund as
soon as all payments of money committed have been made.

________

κ1981
Statutes of Nevada, Page 1370κ

CHAPTER 626, SB 591

Senate Bill No.
591Committee on Finance

CHAPTER 626

AN ACT relating to elected officials; increasing the
salaries of certain elected officers; and providing other matters properly
relating thereto.

[Approved June 7, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. NRS
223.050 is hereby amended to read as follows:

223.050 Until the 1st Monday in January [1979,]1983, the
governor is entitled to receive an annual salary of [$40,000.]$50,000. From and after the 1st Monday in January
[1979,]1983,
the governor is entitled to receive an annual salary of [$50,000.]$65,000.

Sec. 2. NRS
224.050 is hereby amended to read as follows:

224.050 1. Until the 1st
Monday in January [1979,]1983, the lieutenant governor is entitled to receive an
annual salary of [$6,000.]$8,000. From and after the 1st Monday in January [1979,]1983, the
lieutenant governor is entitled to receive an annual salary of [$8,000.]$10,500.

2. In addition to the annual salary
provided for in subsection 1, the lieutenant governor is entitled to receive [$60]$104 per
day for such times as he may be actually employed as governor or president of
the senate, and if he travels daily from his home to sessions of the
legislature, he [shall be allowed]is entitled to receive, for each mile between the
capital and his home, for each day the senate is actually convened, travel
expenses at the rate of [12]21 cents per mile traveled.

3. In addition to the salary provided in
subsections 1 and 2, if the lieutenant governor does not travel from home daily
but takes up temporary residence in the vicinity of the capital for the
duration of the legislative session, he [shall be
allowed]is entitled to receive a
per diem expense allowance of [$30]$44 for each day he is away from his home and for
the entire period that the legislature is in session.

4. The lieutenant governor is entitled to
receive the per diem allowance and travel expenses as provided by law for state
officers and employees when acting as governor, or when discharging other
official duties as lieutenant governor, at times when the legislature is not in
session.

Sec. 3. NRS
225.050 is hereby amended to read as follows:

225.050 Until the 1st Monday in January [1979,]1983, the
secretary of state is entitled to receive an annual salary of [$25,000.]$32,500.
From and after the 1st Monday in January [1979,]1983, the secretary of state is entitled to
receive an annual salary of [$32,500.]$42,250.

Sec. 4. NRS
226.090 is hereby amended to read as follows:

226.090 Until the 1st Monday in January [1979,]1983, the
state treasurer is entitled to receive an annual salary of [$22,500.]$31,500.
From and after the 1st Monday in January [1979,]1983, the state treasurer is entitled to receive
an annual salary of [$31,500.]$41,000.

Sec. 5. NRS
227.060 is hereby amended to read as follows:

227.060 Until the 1st Monday in January [1979,]1983, the
state controller is entitled to receive an annual salary
of [$22,500.]

controller is entitled to receive an annual salary of [$22,500.]$31,500.
From and after the 1st Monday in January [1979,]1983, the state controller is entitled to receive
an annual salary of [$31,500.]$41,000.

Sec. 6. NRS
228.070 is hereby amended to read as follows:

228.070 1. Until the 1st
Monday in January [1979,]1983, the attorney general is entitled to receive an annual
salary of [$30,000.]$40,500. From and after the 1st Monday in January [1979,]1983, the
attorney general is entitled to receive an annual salary of [$40,500.]$52,500.

2. The attorney general is not permitted
to engage in the private practice of law.

Sec. 7. NRS
218.210 is hereby amended to read as follows:

218.210 1. Each senator
elected before November 7, [1978,]1982, or appointed to succeed a senator elected before
November 7, [1978,]1982, is entitled to receive as compensation [$60]$80 per
day for each day of service:

(a) During any regular session, for the number
of days the legislature is in session, or in adjournment for not more than 3
days, or the maximum number of days for which compensation for a regular
session is permitted by the constitution, whichever is smaller; and

(b) During any special session, for the number
of days the legislature is in session or the maximum number of days for which
compensation for a special session is permitted by the constitution, whichever
is smaller.

2. Each senator and assemblyman elected
on or after November 7, [1978,]1982, or appointed to succeed a senator or assemblyman
elected on or after November 7, [1978,]1982, is entitled to receive as compensation [$80]$104 per
day for each day of service:

(a) During any regular session, for the number
of days the legislature is in session, or in adjournment for not more than 3
days, or the maximum number of days for which compensation for a regular
session is permitted by the constitution, whichever is smaller; and

(b) During any special session, for the number
of days the legislature is in session or the maximum number of days for which
compensation for a special session is permitted by the constitution, whichever
is smaller.

________

CHAPTER 627, SB 592

Senate Bill No.
592Committee on Finance

CHAPTER 627

AN ACT relating to the supreme court,
increasing the salaries of the justices of the supreme court; and providing
other matters properly relating thereto.

[Approved June 7, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. NRS
2.050 is hereby amended to read as follows:

2.050 1. Until the 1st
Monday in January [1979, the justices of the
supreme court whose terms of office expire on the 1st Monday in January 1979 are entitled to receive an annual salary of $28,000.

1979 are entitled to receive an
annual salary of $28,000. From and after the 1st Monday in January 1979, their
successors in office are entitled to receive an annual salary of $47,250.

2. Until the 1st
Monday in January 1981, the justices of the supreme court whose terms of office
expire on the 1st Monday in January 1981 are entitled to receive an annual
salary of $35,000. From and after the 1st Monday in January 1981, their
successors in office are entitled to receive an annual salary of $47,250.

3. Until the 1st
Monday in January] 1983, the justice of the supreme court whose
term of office expires on the 1st Monday in January 1983 is entitled to receive
an annual salary of $35,000. From and after the 1st Monday in January 1983, his
successors in office are entitled to receive an annual salary of [$47,250.]$61,500.

2. Until the 1st
Monday in January 1985, the justices of the supreme court whose terms of office
expire on the 1st Monday in January 1985 are entitled to receive an annual
salary of $47,250. From and after the 1st Monday in January 1985, their
successors in office are entitled to receive a salary of $61,500.

3. Until the 1st
Monday in January 1987, the justices of the supreme court whose terms of office
expire on the 1st Monday in January 1987 are entitled to receive an annual
salary of $47,250. From and after the 1st Monday in January 1987, their
successors in office are entitled to receive a salary of $61,500.

4. All salaries provided for in this
section are payable in biweekly installments as other state officers are paid.

Sec. 2. NRS
213.015 is hereby amended to read as follows:

213.015 1. Until the 1st
Monday in January [1979, any member of the board
whose annual salary as a justice of the supreme court is fixed by statute in
the sum of $35,000 shall receive no salary as a member of the board.

2. From and after
the 1st Monday in January 1979:]1983:

(a) Any member of the board whose [base]annual
salary as a justice of the supreme court is $47,250 shall receive no salary as
a member of the board.

(b) Any member of the board whose annual salary
as a justice of the supreme court is $35,000 is entitled to receive as a member
of the board an annual salary of $12,250.

2. From and after
the 1st Monday in January 1983:

(a) Any member of the
board whose annual salary as a justice of the supreme court is set by
subsection 1 of NRS 2.050 shall receive no salary as a member of the board.

(b) Any member of the
board whose annual salary as a justice of the supreme court is set by
subsection 2 or 3 of NRS 2.050 is entitled to receive as a member of the board
an annual salary in an amount which when added to his salary as a justice
equals the salary set by subsection 1 of NRS 2.050.

3. The salaries provided for in this
section [shall]must be paid out of [moneys]money provided by direct legislative
appropriation from the state general fund.

________

κ1981
Statutes of Nevada, Page 1373κ

CHAPTER 628, SB 618

Senate Bill No.
618Committee on Finance

CHAPTER 628

AN ACT relating to the public employees
retirement system; increasing the post-retirement allowances of certain persons
who are receiving disability or service retirement allowances; and providing
other matters properly relating thereto.

[Approved June 7, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. Sections
35 and 36 of chapter 270, Statutes of Nevada 1975, at page 352, are hereby
amended to read as follows:

Sec. 35. There
is hereby appropriated from the general fund in the state treasury to the
public employees retirement board the sum of $607,550 for the purpose of
paying a portion of the costs for providing [a
$50]an $80 per month cost of
living increase for all public employees who retired prior to July 1, 1963.

Sec. 36. 1. All
funds which have been accumulated under the provisions of that certain act of
the legislature of the State of Nevada entitled An Act to provide against
losses to the state and its respective counties, townships, incorporated cities
and irrigation districts through defalcation, misappropriation of funds or
other wrongful acts on the part of officials or employees; to provide for the
issuance of surety bonds for state, county, township, city and irrigation
district officials and employees, establishing a fund therefor, and other
matters relating thereto; and to repeal all acts and parts of acts in conflict
therewith, approved March 26, 1937, as amended, shall be transferred to the
public employees retirement fund. Such funds shall be combined with the
appropriation made by section 35 of this act and segregated into a separate
account within the public employees retirement fund from which [a $50]an $80 per
month increase for retirees who retired prior to July 1, 1963, shall be paid.

2. After the
effective date of this act, the state treasurer, every county and township
officer and his deputy, and officers of incorporated cities and irrigation
districts and their deputies required by law in his or their official capacity
to furnish a surety bond or bonds, and any employee of any county, township,
incorporated city or irrigation district required by order of the board of
county commissioners of any county or governing board of any incorporated city
or irrigation district to furnish a surety bond or bonds, shall acquire such
bonds in accordance with NRS 282.040 to 282.220, inclusive, unless otherwise
required by law.

3. Those bonds
which have been issued pursuant to the provisions of the act cited in
subsection 1 remain in effect for the periods respectively prescribed in each
bond.

Sec. 54. 1. If
the legislature appropriates sufficient money from the
state general fund, there shall be an increase of [$50] $80 per month in the
monthly allowances provided by chapter 286 of NRS for:

the state general fund, there shall
be an increase of [$50]$80 per month in the monthly allowances provided by
chapter 286 of NRS for:

(a) Persons who began
receiving disability or service retirement allowances prior to July 1, 1963;
and

(b) Beneficiaries of
persons described in subsection 1, if any such beneficiary is receiving a
monthly allowance pursuant to the provisions of this chapter relating to
beneficiaries.

2. If the
legislature does not appropriate sufficient money from the general fund to pay
for the [$50]$80 per month increase, retired employees and
beneficiaries listed in this section are entitled to receive a post-retirement
allowance as provided in section 55 of this act for retirees and beneficiaries
who began drawing benefits during the period from July 1, 1963, to December 1,
1963.

________

CHAPTER 629, SB 623

Senate Bill No.
623Committee on Commerce and Labor

CHAPTER 629

AN ACT relating to pharmacy; requiring the
pharmacist to substitute a generic drug for a prescribed drug in certain
circumstances; and providing other matters properly relating thereto.

[Approved June 7, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. NRS
639.2583 is hereby amended to read as follows:

639.2583 If a practitioner has prescribed
a drug by brand name and has indicated that a substitution may be made, a
pharmacist [may]:

1. Shall, in a
case where he is being paid for the drug by a governmental agency; and

2. May, in any
other case,

fill the prescription with another drug which is available to him, is less expensive than the drug prescribed,
is biologically equivalent, [and] has the same active ingredient or
ingredients of the same strength, quantity and form of dosage and is of the
same generic type as the drug prescribed. The pharmacist may also make such a
substitution if the prescription was written by a practitioner from outside
this state and indicates that a substitution may be made.

Sec. 2. NRS
639.2585 is hereby amended to read as follows:

639.2585 1. Except where a substitution is required by subsection 1 of NRS
639.2583:

(a) Before he
makes a substitution, a pharmacist shall advise the person who presents the
prescription of:

[(a)](1) The generic drug which he proposes to
substitute; and

[(b)](2) The price difference between the drug under
the brand name prescribed and the drug which [the
pharmacist]he proposes to
substitute.

[2. A
pharmacist shall not make any substitution of drugs if the drug to be
substituted is higher in cost than the drug prescribed by brand name.

3.](b) The person presenting the prescription may
refuse to accept the proposed substitution.

2. A pharmacist
shall not make any substitution of drugs if the drug to be substituted is
higher in cost than the drug prescribed by brand name.

Sec. 3. Section
1 of this act shall become effective at 12:01 a.m. on July 1, 1981.

________

CHAPTER 630, SB 679

Senate Bill No.
679Committee on Government Affairs

CHAPTER 630

AN ACT relating to the equal rights
commission; transferring its employees to the classified service of the state;
and providing other matters properly relating thereto.

[Approved June 7, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. NRS
233.050 is hereby amended to read as follows:

233.050 1. The governor
shall appoint a chairman of the commission and the members shall elect a
secretary from the membership of the commission.

2. The commission shall meet at least
twice a year on the call of the chairman at a place designated by the chairman
or a majority of the commission.

3. [Employees]The employees of the commission [shall be]are in
the [unclassified]classified service of the state.
[and shall receive annual salaries in the
amounts determined pursuant to the provisions of NRS 284.182.]

Sec. 2. This
act shall become effective upon passage and approval.

________

CHAPTER 631, SB 696

Senate Bill No.
696Committee on Government Affairs

CHAPTER 631

AN ACT relating to the Colorado River advisory
commission; changing the qualifications of one member; and providing other
matters properly relating thereto.

[Approved June 7, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

(a) Are]are residents of the State of Nevada and of a county
served by the division [.

(b) Have a general
knowledge of the]and one member to
represent the state at large who is a resident of this state and of a county
whose residents do not receive electrical power which is generated with water
from the Colorado River or its tributaries.

2. All members
must have a general knowledge of:

(a) The development
of the Colorado River and its tributaries within the State of Nevada [.

(c) Have general
knowledge of the]; and

(b) The rights of
the State of Nevada concerning the resources and benefits of the Colorado
River.

[2.]3. Not more than three commissioners may
be of the same major political affiliation.

Sec. 2. This
act shall become effective on August 1, 1981, except that between July 1, 1981,
and July 31, 1981, the governor may, but need not, appoint as a member of the
Colorado River advisory commission one person to represent the state at large
who resides in this state outside the counties served by the division of
Colorado River resources of the department of energy.

________

CHAPTER 632, SB 706

Senate Bill No.
706Committee on Finance

CHAPTER 632

AN ACT making an additional and
supplemental appropriation to the reserve for statutory contingency fund; and
providing other matters properly relating thereto.

[Approved June 7, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. There
is hereby appropriated from the state general fund to the reserve for statutory
contingency fund created pursuant to NRS 353.264 the sum of $500,000 as an
additional and supplemental appropriation to that allowed and made by section 1
of chapter 77, Statutes of Nevada 1981, at page 176.

Sec. 2. This
act shall become effective upon passage and approval.

________

κ1981
Statutes of Nevada, Page 1377κ

CHAPTER 633, SB 659

Senate Bill No. 659Committee
on Judiciary

CHAPTER 633

AN ACT relating to community property;
allowing the creation of an estate in community property with a right of
survivorship; and providing other matters properly relating thereto.

[Approved June 7, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. NRS
111.064 is hereby amended to read as follows:

111.064 1. Estates
as tenants in common or estates in community property may be created by
conveyance from husband and wife to themselves or to themselves and others or
from a sole owner to himself and others in the same manner as a joint tenancy
may be created.

2. A right of
survivorship does not arise when an estate in community property is created in
a husband and wife, as such, unless the instrument creating the estate
expressly declares that the husband and wife take the property as community
property with a right of survivorship. This right of survivorship is
extinguished whenever either spouse, during the marriage, transfers his
interest in the community property.

Sec. 2. NRS
120.010 is hereby amended to read as follows:

120.010 As used in this chapter, unless
the context otherwise requires:

1. Beneficiary means any person
entitled, but for his disclaimer, to take an interest:

(a) By intestate succession;

(b) By devise;

(c) By legacy or bequest;

(d) By succession to a disclaimed interest;

(e) By virtue of an election to take against a
will;

(f) As beneficiary of a testamentary trust;

(g) Pursuant to the exercise or nonexercise of a
power of appointment;

(h) As donee of any power of appointment; [or]

(i) By right of
survivorship; or

(j) As beneficiary
of an inter vivos gift, whether outright or in trust.

2. Interest means the whole of any
property, real or personal, legal or equitable, present or future, or any
fractional part, share or particular portion or specific assets thereof, or a
joint tenancy or any other estate in any such property, or power to appoint,
consume, apply or expend property, or any other right, power, privilege or
immunity relating thereto.

3. Disclaimer means a written
instrument which declines, refuses, renounces or disclaims any interest which
would otherwise be succeeded to by a beneficiary.

4. Disclaimant means a person who
executes a disclaimer.

Sec. 3. Section
2 of this act shall become effective at 12:01 a.m. on July 1, 1981.

________

κ1981
Statutes of Nevada, Page 1378κ

CHAPTER 634, SB 709

Senate Bill No. 709Committee
on Government Affairs

CHAPTER 634

AN ACT relating to public administrators;
increasing the salary of that office; and providing other matters properly
relating thereto.

[Approved June 7, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. NRS
253.043 is hereby amended to read as follows:

253.043 The public administrator is
entitled to receive an annual salary in the amount of [$26,500]$30,500 in full payment for all services required
by law to be performed by him. All fees or compensation collected pursuant to
NRS 253.050 and 253.230 must be deposited, without deduction, with the county
treasurer for credit to the general fund of the county.

Sec. 2. NRS
253.043 is hereby amended to read as follows:

253.043 The public administrator is
entitled to receive an annual salary in the amount of [$30,500]$37,000 in full payment for all services required
by law to be performed by him. All fees or compensation collected pursuant to
NRS 253.050 and 253.230 must be deposited, without deduction, with the county
treasurer for credit to the general fund of the county.

Sec. 3. 1. Section
1 of this act shall become effective July 1, 1981.

2. Section 2 of this act shall become
effective on the 1st Monday of January, 1983.

________

CHAPTER 635, SB 432

Senate Bill No. 432Committee
on Judiciary

CHAPTER 635

AN ACT relating to court costs; increasing
the number and the allowances of expert witnesses; and providing other matters
properly relating thereto.

[Approved June 7, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. NRS
18.005 is hereby amended to read as follows:

18.005 For the purposes of NRS 18.010 to
18.150, inclusive, the term costs means:

1. Clerks fees.

2. Reporters fees for depositions,
including a reporters fee for one copy of each deposition.

3. Jurors fees and expenses, together
with reasonable compensation of an officer appointed to act in accordance with
NRS 16.120.

4. Fees for witnesses at trial, pretrial
hearings and deposing witnesses, unless the court finds that the witness was
called at the instance of the prevailing party without reason or necessity.

5. Reasonable fees of not more than [three]five expert
witnesses in an amount of not more than [$250] $750 for
each witness [.]

an amount of not more than [$250]$750 for each witness [.], unless the court allows a larger fee after
determining, pursuant to a hearing, that the circumstances surrounding the
experts testimony were of such necessity as to require the larger fee.

6. Reasonable fees of necessary
interpreters.

7. The fee of any sheriff or licensed
process server for the delivery or service of any summons or subpena used in
the action, unless the court determines that the service was not necessary.

8. The fees of the official reporter or
reporter pro tempore.

9. Reasonable costs for any bond or
undertaking required as part of the action.

________

CHAPTER 636, SB 661

Senate Bill No. 661Committee
on Commerce and Labor

CHAPTER 636

AN ACT relating to accountants; making
various changes in the law relating to the licensing of public accountants and
the practice of accounting; and providing other matters properly relating
thereto.

[Approved June 7, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. Chapter
628 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 11, inclusive, of this act.

Sec. 2. It is the policy of this state, and the purpose of this
chapter:

1. To provide for
the dependability of information which is used for guidance in financial
transactions or for accounting for and assessing the status or performance of
public and private entities; and

2. To protect the
interest of the public by requiring that persons who are engaged in the
practice of public accounting be qualified, so that the auditing, examining,
reviewing and compiling of financial statements and the issuing of reports,
opinions and assurances relating to those statements are reserved to persons
who have demonstrated ability and fitness to observe and apply the standards of
the profession of accounting.

Sec. 3. As used in this chapter, unless the context otherwise
requires, the words and terms defined in sections 4 to 10, inclusive, of this
act have the meanings ascribed to them in those sections.

Sec. 4. Attest, attesting and attestation mean the
issuance of opinions, reports or other documents which state or imply assurance
of the reliability of any financial information when the opinions, reports or
other documents are accompanied by or contain any name, title or wording which
indicate that the person or other entity which has issued them is an accountant
or auditor, or has expert knowledge in accounting or auditing. The terms
include any disclaimer of an opinion when the disclaimer is in a form which is
understood to imply any positive assurance of the reliability of the
information and expertise on the part of the person making the disclaimer.

Sec. 6. Certificate means the certificate issued by the board
to a person who is qualified to practice accounting as a certified public
accountant.

Sec. 7. Live permit means a permit issued pursuant to NRS
628.380 which has not been revoked or suspended.

Sec. 8. Practice of public accounting means the offering to
perform or the performance by a holder of a live permit, for a client or
potential client, of one or more services involving the use of skills in
accounting or auditing, one or more services relating to advising or consulting
with clients on matters relating to management or the preparation of tax
returns and the furnishing of advice on matters relating to taxes.

Sec. 9. Registered public accountant means a person who was
registered or licensed as a public accountant:

1. On or before
May 1, 1973; or

2. After May 1,
1973, pursuant to NRS 628.190 and 628.210.

Sec. 10. State includes any state of the United States and the
District of Columbia.

Sec. 11. In addition to any penalty which it may assess pursuant
to NRS 628.390, the board may suspend any of the provisions of an order issued
pursuant to that section and place the certified or registered public
accountant on probation, subject to limitations and conditions specified by the
board, which may include requirements for continuing education or for a review
of the accountants practice, either periodically or continuously.

Sec. 12. NRS
628.045 is hereby amended to read as follows:

628.045 1. The governor
shall appoint six members who are certified public accountants in the State of
Nevada and one member who is a registered public accountant in the State of
Nevada.

2. Whenever the total number of [practicing]registered
public accountants [registered]who practice is 10 or fewer, the board [shall]must consist
of six certified public accountant members and the registered public accountant
member until his term of office expires. Thereafter, the board [shall]must consist
of [seven]six
members who are certified public accountants [.]and one member who represents the public.

3. No person may be appointed to the
board unless he is:

(a) Engaged in active practice as a certified
public accountant or registered public accountant [;]
and holds a live permit to practice public accounting in
this state, or is appointed as the member who represents the public.

(b) A resident of the State of Nevada.

4. If there are no registered public accountants who are eligible and
willing to serve as members of the board, a [certified
public accountant]person who represents
the public may be appointed to fill a vacancy.

Sec. 13. NRS
628.075 is hereby amended to read as follows:

628.075 1. The Nevada
Society of Certified Public Accountants shall, at least 30 days [prior to]before the
beginning of any term, or within 30 days after a position on the board becomes
vacant, submit to the governor the names of at least three
persons qualified for membership on the board for each [certified
public accountant] position to be filled [.]by a certified public accountant. The governor
shall appoint [one of the three nominees]new members or fill the vacancy from the list, or request a new list.

list, or request a new list.
If the Nevada Society of Certified Public Accountants fails to submit timely
nominations for a position on the board, the board may submit nominations to
the governor, who shall appoint [one of three]members from among the nominees or request a new
list.

2. The Nevada Society of Public
Accountants shall, at least 30 days [prior to]before the beginning of any term or within 30
days after a position on the board becomes vacant, submit the names of three or more persons qualified for membership on the board
for each [public accountant]
position to be filled by a public accountant and
the governor shall appoint one of the [three]
nominees or request a new list. If the Nevada Society of Public Accountants
fails to submit timely nominations for a position on the board, the board may
submit nominations for the position to the governor, who shall appoint one of
the [three] nominees or request a
new list.

3. The governor
may appoint any qualified person who is a resident of this state to the position
which is to be occupied by a person who represents the public.

Sec. 14. NRS
628.120 is hereby amended to read as follows:

628.120 The board shall adopt [, within 120 days after April 21, 1971, and may amend,
from time to time, rules and] regulations reasonably necessary
and expedient for the orderly conduct of its affairs and for the administration
of this chapter.

Sec. 15. NRS
628.130 is hereby amended to read as follows:

628.130 The board shall:

1. Have a seal [which
shall be judicially noticed.]of which judicial
notice must be taken.

2. Keep records of its proceedings. In
any proceedings in court, civil or criminal, arising out of or founded upon any
provision of this chapter, copies of [such]those records certified as correct under the seal
of the board [shall be]are admissible in evidence as tending to prove the
contents of [such]the records.

3. Have printed and published for public
distribution in April of each year an annual register which [shall]must contain:

(a) The names arranged alphabetically by
classifications of all [practitioners]accountants holding permits to practice under
this chapter.

(b) The names of the members of the board.

(c) Such other matter as may be deemed proper by
the board.

Copies of the register [shall]must be mailed to each [permitholder.]person who holds a live permit.

Sec. 16. NRS
628.160 is hereby amended to read as follows:

628.160 1. The board may
promulgate and amend rules of professional conduct appropriate to establish and
maintain a high standard of quality, integrity
and dignity in the profession of public accountancy.

2. At least 60 days prior to the
promulgation of any such rule or amendment, the board shall mail copies of the
proposed rule or amendment to each holder of a live permit
issued under NRS 628.380, to the address shown in the
records of the board, together with a notice advising him of the date, time and place of the hearing on the proposed rule
or amendment and the proposed effective date of the rule or amendment,
and requesting that he submit his comments thereon at least 15 days [prior to such effective date.

[prior to such effective date.
Such comments shall be]before the
hearing. The comments are advisory only. Failure [to
mail such]by inadvertence or error to
mail the rule, amendment or notice to [all
permitholders shall]each holder of a
permit does not affect the validity of any [such]
rule or amendment [.]if the board has made an effort in good faith to mail the
notice to all holders of permits.

3. The board may [issue
any further]adopt regulations [, including but not limited to rules of professional
conduct, pertaining to]concerning the
professional conduct of corporations and
partnerships practicing certified public
accounting or public accounting which it deems consistent with or
required by the public welfare [. Among other
things, the board may prescribe],
including regulations:

(a) Governing the style, name and title of such corporations
[.]and
partnerships.

(b) Governing the affiliation of such
corporations and partnerships with any other
organizations.

(c) Providing for joint and several liability of
the shareholders of such corporations for corporate torts relating to
professional services unless a corporation maintains liability insurance or
unimpaired capital deemed reasonably sufficient by the board to protect the
interest of clients and the public.

Sec. 17. NRS
628.170 is hereby amended to read as follows:

628.170 1. The board shall
appoint [a grievance committee]committees to investigate grievances consisting of one
or more certified public accountants having the qualifications set forth in NRS
628.190 to 628.310, inclusive, and if there are ten or
more practicing registered public accountants, one or more registered public accountants, having the
qualifications set forth in NRS 628.350.

2. The [grievance
committee]committees to investigate
grievances shall work as [a standing
committee]standing committees or
through subcommittees and with such additional members as the board may
determine are required from time to time to perform the assigned work of the
committee. The board in its discretion may determine:

(a) The total number of members, their terms or
special assignments;

(b) The number of certified public accountants
and the number of registered public accountants
which constitute the committee; and

(c) Whether or not a member is appointed to [the]a
standing committee, to a subcommittee or to a special assignment.

3. Each member of [the
grievance committee shall hold a valid]a
committee to investigate grievances must hold a live permit and be
actively engaged in the practice of public accounting in this state. The board
shall remove from [the grievance]a committee any member whose permit to practice is void
or has been revoked or suspended. The board may remove any member of [the grievance]a
committee for neglect of duty or other just cause.

4. Each member of [the
grievance]a committee may be
compensated for each day or portion thereof spent in the discharge of his
official duties while in attendance at regularly called meetings or hearings of the board, not to exceed $100 per day,
and [shall]is
entitled to be reimbursed for his actual and necessary expenses incurred
in the discharge of his official duties.

5. [The
majority of the committee shall constitute a quorum for the performance of any
function herein provided.

6. The committee]The board may adopt [and
amend from time to time] regulations for the orderly conduct of [its affairs.]the
affairs of the committees.

6. The board shall
assign one of its members who is an accountant to participate in the
investigation of each case and to present the case to the board. The board may
assign one member to each committee or one member to several or all committees.
A member assigned to participate in an investigation or presentation of a case
may not participate in the deliberations of the board or its decision or
adjudication of the case.

7. Upon assignment by the board the [committee]committees
shall:

(a) Make investigations respecting the conduct of
certified public accountants, [and] registered public accountants and corporations and partnerships of accountants who
may have been guilty of violations for which the board might suspend or revoke
their certificates, registrations or permits, and investigate applications of [such] accountants and corporations and partnerships of accountants for
reinstatement. [The committee shall make
recommendations and forward its report to the board for action and the board
may then proceed as provided in NRS 628.410.

(b) Make investigations
and recommendations as provided by NRS 628.350.

(c)]The committee shall forward the report of its investigation to
the member of the board assigned to the case, and the member shall present it
to the board with his recommendation.

(b) Make any other
investigations relating to any matter involving any violation or alleged
violation of this chapter or relating to the boards administration or
enforcement of this chapter.

Sec. 18. NRS
628.190 is hereby amended to read as follows:

628.190 The certificate of certified
public accountant [shall]must be granted by the board to any person who:

1. Is a resident of this state or [has a place of business therein or, as an employee, is
regularly employed therein; and

2. Is of good
moral character; and]is a member of a
corporation or partnership registered in this state which practices public
accounting and which has an office in the state, or is regularly employed in
that office;

2. Is a person of
fiscal integrity who is without any history of acts involving dishonesty or
moral turpitude;

3. Meets the requirements of education
and experience as provided in NRS 628.200; and

4. Has passed a written examination selected by the board in theory of accounts, in
accounting practice, in auditing, in commercial law as affecting public
accounting, and in such other related subjects as the board shall determine to
be appropriate.

Sec. 19. NRS
628.200 is hereby amended to read as follows:

628.200 [After
April 21, 1971, the educational and experience requirements]The requirements of experience and education for a
certificate of certified public accountant [shall
be]are a Bachelor of Arts or a
Bachelor of Science degree from a college or university recognized by the
board, with a major in accounting, or what the board determines
to be substantially the equivalent of [the foregoing,] a major in accounting,
or with a [nonaccounting major,] degree in a major other than accounting
supplemented by what the board determines to be substantially the equivalent of
an accounting major, including related courses in other areas of business
administration, and:

determines to be substantially the equivalent of [the foregoing,]a
major in accounting, or with a [nonaccounting
major,]degree in a major other than accounting
supplemented by what the board determines to be substantially the
equivalent of an accounting major, including related courses in other areas of
business administration, and:

1. Two years of public accounting
experience, including, but in no way limited to, [the
examination of any financial statements for the purpose of expressing an
opinion thereon, as defined by the board,]attesting while in practice as a certified public
accountant, a registered public accountant, a
staff accountant employed by [anyone practicing]a person who is licensed to practice public
accounting or any combination of [such]these types of experience;

2. Experience [of
a private nature or] in governmental accounting [or] auditing work of a character and for
a length of time sufficient in the opinion of the board to be substantially
equivalent to the requirements of subsection 1. [; or

3. One year of the
type of experience required by subsection 1 if the candidate holds a masters
degree in accounting or business administration from a college or university
recognized by the board, if there has been satisfactory completion of such
number of semester hours in accounting, business administration, economics and
related subjects as the board determines to be appropriate.]

The board may provide by regulation
for the substitution of qualified programs of continuing education to partially
satisfy the requirement of experience imposed in this section, or may add any
program to the requirement of experience.

Sec. 20. NRS
628.210 is hereby amended to read as follows:

628.210 None of the educational
requirements specified in NRS 628.200 [shall]
apply to a candidate for a certificate of certified public accountant who is [registered as a]a
registered public accountant under NRS 628.350, or who, on April 1,
1960, was employed as a staff accountant in this state by anyone practicing
public accounting, but [such]a candidate who does not meet [such]those educational requirements [shall]must have
4 years of the experience described in subsection 1 [or
2] of NRS 628.200 [.]or the experience described in subsection 2 of that
section which in the opinion of the board is of such a character and for such a
period as to be substantially equivalent to 4 years of the experience described
in subsection 1 of that section.

Sec. 21. NRS
628.230 is hereby amended to read as follows:

628.230 1. The
examinations described in NRS 628.190 must be conducted by the board and take
place as often as the board finds desirable, but not less frequently than once
each year.

2. The board shall
prescribe by regulation the methods of applying for examination and for
conducting the examination, including the grading of papers and the
determination of passing grades. The board may make such use of all or any
part of the Uniform Certified Public Accountants Examination and Advisory
Grading Service as it deems appropriate to assist it in performing its duties
hereunder.

628.240 A candidate for a certificate of
certified public accountant who: [has]

1. Has met
the educational requirements; [, or with]

2. With respect
to whom [they do not apply]the requirements do not apply; or

3. Expects to meet
the requirements within 120 days after the date on which the examination is
scheduled,

is eligible to take the examination without waiting until he
meets the [experience requirements, provided]requirements of experience if he also meets the
requirements of subsections 1 and [3]2 of NRS 628.190. The board shall provide by regulation for a procedure for receiving an
application from a candidate who expects to meet the educational requirements
within 120 days after the date on which the examination is scheduled. The board
shall not report the results of the examination until the candidate [receives his college degree.]meets the educational requirements.

Sec. 23. NRS
628.250 is hereby amended to read as follows:

628.250 A candidate for the certificate
of certified public accountant who has successfully completed the examination
required by NRS 628.190 has no status as a certified public accountant until he
has the requisite experience and has received his certificate as a certified
public accountant. The board may establish a fee for
issuing a certificate in an amount set in a regulation adopted by the board.

Sec. 24. NRS
628.260 is hereby amended to read as follows:

628.260 1. The board may by
regulation prescribe the terms and conditions under which a candidate:

(a) Must pass [an]all parts of the examination in the subjects
indicated in NRS 628.190 [.]in order to qualify for a certificate.

(b) Who [passes
the examination in]at any given
examination passes two or more subjects or [in]
the subject of accounting practice alone [may be
reexamined in the remaining subject or subjects only, at subsequent
examinations held by the board, and if he passes in the remaining subject or
subjects within a period of time specified in the regulations of the board, he
will be considered to have passed the examination.], but not all subjects, may receive conditional credit for the
subjects passed, and need not sit for reexamination in those subjects. The
board may provide by regulation:

(1) Minimum grades
for each subject not passed in order to receive credit for those passed;

(2) A limit on the
time in which each applicant must pass all parts of the examination or lose any
credit received; and

(3) That an
applicant must sit for all parts of the examination which he did not pass in a
previous examination.

2. The board may give credit to a
candidate who has passed all or part of the examination in another state [or territory,]or
other jurisdiction of the United States, if the certified public
accountant members of the board [determine]have determined by regulation that the standards
under which the examination was held are as high as the standards established
for the examination required by this chapter.

628.280 1. The board shall
charge each candidate for a certificate of certified public accountant a fee to
be determined by the board [of not more than $50]by regulation for the initial examination provided
for in NRS 628.190.

2. Fees for reexaminations under NRS
628.190 must also be charged by the board in amounts determined by it [, but the board may not charge more than $30]by regulation for each subject in which the
candidate is reexamined.

3. The applicable fee must be paid by the
candidate at the time he applies for examination or reexamination.

4. The board shall charge each candidate
for a certificate of certified public accountant a fee to be determined by the
board [of not more than $25]by regulation for review and inspection of his
examination paper.

Sec. 26. NRS
628.310 is hereby amended to read as follows:

628.310 The board may [, in its discretion,] waive the
examination under NRS 628.190, and may issue a certificate as a certified
public accountant to any person [possessing the
qualifications specified in subsections 1 and 2 of NRS 628.190, and what the
board determines to be substantially the equivalent of the applicable qualifications
under subsections 3 and 4 of NRS 628.190,] who is the holder of a
certificate as a certified public accountant then in effect issued under the
laws of any state or other jurisdiction of the United
States approved by the board, [, or is the
holder of a certificate, license or degree in a foreign country]
constituting a recognized qualification for the practice of public accounting [in such country,] comparable to that of
a certified public accountant of this state, [which
is then in effect.]and who possesses the qualifications:

1. Set forth in
subsections 3 and 4 of NRS 628.190 which were in effect on the date on which he
received his original certificate; and

2. Of subsections
1 and 2 of NRS 628.190 at the time of making application pursuant to this
chapter.

Sec. 27. NRS
628.340 is hereby amended to read as follows:

628.340 1. A partnership
engaged in this state in the practice of public accounting shall register with
the board as a partnership of certified public accountants and meet the
following requirements:

(a) At least one general partner must be a
certified public accountant of this state in good standing.

(b) Each partner [personally]who is a resident of this state and is personally and
regularly engaged within this state in the practice of public accounting
as a member thereof must be a certified public accountant of this state in good
standing.

(c) Each partner who
personally engages in the practice of public accounting in this state and who
is not a resident of this state and is not regularly employed in an office of
the firm in this state must be a certified public accountant in good standing
of some state or a jurisdiction of the United States approved by the board by
regulation.

(d) Each partner who is regularly engaged in the practice of public accounting
within the United States must be a certified public accountant in good standing of some state [in
good standing.

(d)]or jurisdiction of the United States approved by the board by
regulation.

(e) Each resident
manager in charge of an office of the firm in this state must be a certified
public accountant of this state in good standing.

(f) A corporation which
is registered pursuant to this section may be a partner, and a partnership so
registered may be a general partner, in a partnership engaged in the practice
of public accounting.

2. A corporation organized for the
practice of public accounting shall register with the board as a corporation of
certified public accountants [provided]if it meets the following requirements:

(a) The sole purpose and business of the
corporation must be to furnish to the public services not inconsistent with
this chapter or the regulations of the board; but the corporation may invest
its money in a manner not incompatible with the practice of public accounting.

(b) Each shareholder of the corporation must be
a certified public accountant of some state in good standing, and be
principally employed by the corporation or actively engaged in its business. No
other person may have any interest in the stock of the corporation. The
principal officer of the corporation and any officer or director having
authority over the practice of public accounting by the corporation must be a
certified public accountant of some state in good standing.

(c) At least one shareholder of the corporation
must be a certified public accountant of this state in good standing.

(d) Each resident manager in charge of an office
of the corporation in this state and each shareholder or director who is regularly and personally engaged within this
state in the practice of public accounting must be a certified public
accountant of this state in good standing.

(e) In order to facilitate compliance with the
provisions of this section relating to the ownership of stock, there must be a
written agreement binding the shareholders or the corporation to purchase any
shares offered for sale by, or not under the ownership or effective control of,
a qualified shareholder. The corporation may retire any amount of stock for
this purpose, notwithstanding any impairment of its capital, so long as one
share remains outstanding.

(f) The corporation shall comply with other
regulations pertaining to corporations practicing public accounting in this
state adopted by the board.

3. Application for registration must be
made upon the affidavit of a general partner [or
shareholder who is]of a partnership, or a
shareholder for a corporation, who holds a live permit to practice in this
state as a certified public accountant.[of this state in good standing.] The
board shall in each case determine whether the applicant is eligible for
registration [.]and may charge an initial fee and an annual renewal fee set by
the board by regulation. A partnership or corporation which is so
registered [and which holds a permit issued under
NRS 628.380] may use the words certified public accountants or
the abbreviation C.P.A.s or CPAs in
connection with its partnership or corporate name. Notice must be given to the
board within 1 month after the admission to or withdrawal of a partner or
shareholder from any partnership or corporation so registered.

628.350 [After
May 1, 1973, a]A license as a
public accountant [shall]may be issued only to persons who have met the
requirements of NRS 628.190 [.]and 628.210.

Sec. 29. NRS
628.360 is hereby amended to read as follows:

628.360 1. A partnership
engaged in this state in the practice of public accounting shall register with
the board as a partnership of public accountants and meet the following
requirements:

(a) At least one general partner thereof must be
a certified public accountant or a registered public
accountant of this state in good standing.

(b) Each partner thereof personally and regularly engaged within this state in the practice
of public accounting as a member thereof must be a certified public accountant
or a registered public accountant of this state
in good standing.

(c) Each resident manager in charge of an office
of a firm in this state must be a certified public accountant or a registered public accountant of this state in good
standing.

(d) A corporation which
is registered pursuant to this section may be a partner, and a partnership so
registered may be a general partner, in a partnership engaged in the practice
of public accounting.

2. A corporation organized for the
practice of public accounting [must]shall register with the board as a corporation of
public accountants [provided]if it meets the following requirements:

(a) The sole purpose and business of the
corporation must be to furnish to the public services not inconsistent with
this chapter or the regulations of the board; but the corporation may invest
its funds in a manner not incompatible with the practice of public accounting.

(b) Each shareholder of the corporation must be
a certified public accountant in any state or a public accountant of this state
in good standing, and be principally employed by the corporation or actively
engaged in its business. No other person may have any interest in the stock of
the corporation. The principal officer of the corporation and any officer or
director having authority over the practice of public accounting by the
corporation must be a certified public accountant or registered
public accountant of this state in good standing.

(c) Each resident manager in charge of an office
of the corporation in this state must be a certified public accountant or a registered public accountant of this state in good
standing.

(d) In order to facilitate compliance with the
provisions of this section relating to the ownership of stock, there must be a
written agreement binding the shareholders or the corporation to purchase any
shares offered for sale by, or not under the ownership or effective control of,
a qualified shareholder. The corporation may retire any amount of stock for this
purpose, notwithstanding any impairment of its capital, so long as one share
remains outstanding.

(e) The corporation shall comply with other
regulations pertaining to corporations practicing public accounting in this
state adopted by the board.

3. Application for registration must be
made upon the affidavit of a general partner for a
partnership, or shareholder for a corporation, who
holds a live permit to practice in this state as a
certified public accountant or as a registered public accountant.

holds a live permit to
practice in this state as a certified public accountant or as a registered public accountant. The board shall in each
case determine whether the applicant is eligible for registration. The board may charge a registration fee and renewal fee and a
reporting fee in an amount set by regulation. A partnership or
corporation which is so registered [and which
holds a permit issued under NRS 628.380] may use the words
public accountants in connection with its partnership or corporate name.
Notice must be given to the board, within 1 month, after the admission to or
withdrawal of a partner or shareholder from any partnership or corporation so
registered.

Sec. 30. NRS
628.370 is hereby amended to read as follows:

628.370 1. Each office
established or maintained in this state for the practice of public accounting
in this state by a certified public accountant, or partnership or corporation
of certified public accountants, or by a registered public
accountant or a partnership or corporation of registered
public accountants, [or by one registered
under NRS 628.330 shall]must be
registered annually under this chapter with the board. No fee [shall]may be
charged for [such]this registration.

2. Each [such
office shall]office must be under
the direct supervision of a resident manager, who may be [either a principal or a staff]a partner, shareholder or employee holding a live permit, [under NRS
628.380, which is in full force and effect,] but the title or
designation certified public accountant or the abbreviation C.P.A. [shall]or CPA
may not be used in connection with [such]that office unless [such]the resident manager is the holder of a
certificate as a certified public accountant under NRS 628.190 to 628.310,
inclusive, and a live permit. [issued under NRS
628.380, both of which are in full force and effect. Such]A resident manager may serve in [such]that capacity at one office only.

3. The board shall by regulation
prescribe the procedure to be followed in [effecting
such registrations.]registering offices.

Sec. 31. NRS
628.380 is hereby amended to read as follows:

628.380 1. Permits to engage
in the practice of public accounting in this state [shall]must be issued by the board to holders of the
certificate of certified public accountant issued under NRS 628.190 to 628.310,
inclusive, and to [persons, partnerships or
corporations registered under NRS 628.330, 628.340, 628.350 and 628.360,
provided]registered public accountants
registered or licensed pursuant to NRS 628.350, if all offices of [such]the certificate
holder or registrant are maintained and registered as required under NRS
628.370, and [further provided]if the certificate holder or registrant has complied
with the continuing education requirements provided in this chapter and in the
boards [rules and] regulations.

2. [There
shall be an annual permit fee in an amount to be determined, from time to time,
by the board, not to exceed $100.

3.] All
permits [shall] expire on December
31 of each year and may be renewed annually for a period of 1 year by
certificate holders and registrants in good standing upon payment of an annual
renewal fee [of not to exceed $100, and upon a
showing that the certificate holder or registrant
has complied with the continuing education requirements provided in this
chapter and the boards rules and regulations.

or registrant has complied with the
continuing education requirements provided in this chapter and the boards
rules and regulations.

4.]set by the board by regulation.

3. Failure
of a certificate holder or registrant to apply for [such]an annual permit to practice within:

(a) Three years [from]after the expiration date of the permit to
practice last obtained or renewed; or

(b) Three years [from]after the date upon which the certificate holder
or registrant was granted his certificate or registration, if no permit was
ever issued to him,

[shall deprive]deprives him of the right to [such]a permit, unless the board, in its discretion,
determines [such failure to have been due to]that the failure was caused by excusable neglect.
[In such case the renewal fee or the fee for the
issuance of the original permit, as the case may be, shall be such amount as
the board shall, from time to time, determine, but not in excess of $450.]

4. The board shall
adopt a regulation specifying the fee for issuance or renewal of a permit more
than 3 years after the expiration of a previous permit or granting of a
certificate or registration.

5. The board may
provide by regulation for the placing of certificates and registrations in a
retired or inactive status. The regulation may provide for a procedure for
applying for retired or inactive status and for applying to return to active
status, and must specify fees, if any, to accompany the applications.

Sec. 32. NRS
628.385 is hereby amended to read as follows:

628.385 The legislature finds that:

1. The explosion of knowledge and the
increasing complexity of practice make it essential that certified public
accountants and public accountants continue to develop their competence [.]and maintain
the general quality of the practice of their profession.

2. The public interest requires that
certified public accountants and registered public
accountants provide competent service in all areas of their practice.

3. Formal programs of continuing
education provide certified public accountants and public accountants with the
opportunity to maintain [and improve their
competence.]the general quality of the
practice of their profession.

4. It is in the public interest to
require that certified public accountants and registered
public accountants who have certificates and who have been registered,
respectively, under the provisions of this chapter comply with [continuing education] requirements for continuing education adopted by the board as a
prerequisite to the issuance or renewal of permits to engage in the practice of
public accounting pursuant to NRS 628.380. [on and after December 31, 1974.]

Sec. 33. NRS
628.386 is hereby amended to read as follows:

628.386 1. The board may by
regulation prescribe, amend or repeal rules including but not limited to:

2. In exercising its power under this
section, the board shall establish standards which will assure reasonable
currency of knowledge as a basis for a high standard of practice by certified
public accountants and registered public
accountants. The standards [shall]must be established in a manner to assure that a
variety of alternatives are available to certificate holders and registrants to
comply with the [continuing education]
requirements of continuing education for renewal
of permits and [taking]must take cognizance of specialized areas of practice.

Sec. 34. NRS
628.388 is hereby amended to read as follows:

628.388 The board may appoint a [continuing education] committee on continuing education consisting of certified public
accountants and registered public accountants in
active practice and holding [a valid permit.]live permits. Upon assignment and as directed by
the board, the committee shall assist the board in the administration of the [continuing education] provisions of this
chapter [.]for
continuing education.

Sec. 35. NRS
628.390 is hereby amended to read as follows:

628.390 1. After
giving notice and conductinga hearing,[as provided in NRS 628.410,] the board
may revoke, or may suspend for a period [not to
exceed 3]of not more than5 years, any certificate issued under NRS 628.190 to
628.310, inclusive, [or] any
registration orlicense
granted to a registered public accountant under
NRS 628.350, or any registration of a partnership,
corporation or office, or may revoke, suspend or refuse to renew any
permit issued under NRS 628.380, or may censure the holder of any [such] permit, for any one or any
combination of the following causes:

[1.](a) Fraud or deceit in obtaining a certificate as
certified public accountant, or in obtaining registration or a license as a public accountant under this chapter,
or in obtaining a permit to practice public accounting under this chapter.

[2.](b) Dishonesty, fraud or gross negligence by a certified or registered public accountant in the
practice of public accounting [.]or, if not in the practice of public accounting, of a kind
which adversely affects the ability to perform public accounting.

[3.](c) Violation of any of the provisions of [NRS 628.450 to 628.550, inclusive.]this chapter.

[4.](d) Violation of a regulation
or rule of professional conduct [promulgated]adopted by the board under the authority granted
by this chapter.

[5.](e) Conviction of a felony under the laws of any
state or of the United States.

[6.](f) Conviction of any crime, an element of which
is dishonesty or fraud, under the laws of any state or of the United States.

[7.](g) Cancellation, revocation, suspension or
refusal to renew authority to practice as a certified public accountant or a registered public accountant by any other state, for
any cause other than failure to pay an annual registration fee [in such other state.]or to comply with requirements for continuing education or
review of his practice in the other state.

[8.](h) Suspension or revocation of the right to
practice before any state or federal agency.

[9. Failure
to become a citizen of the United States within 6 years by any person not a
citizen of the United States when he received a certificate as certified public
accountant under this chapter.

10. Failure of a
certificate holder or registrant]

(i) Unless the person has
been placed on inactive or retired status, failure to obtain an annual
permit under NRS 628.380, within:[either:

(a)](1) Three years [from]after the expiration date of the permit to
practice last obtained or renewed by the certificate holder or registrant; or

[(b)](2) Three years [from]after the date upon which the certificate holder
or registrant was granted his certificate or registration, if no permit was
ever issued to him, unless [under NRS 628.380
such failure shall have]the failurehas been excused by the board. [pursuant to the
provisions of NRS 628.380.

11.](j) Conduct discreditable to the [public accounting] profession [.]of public
accounting or which reflects adversely upon the fitness of the person to engage
in the practice of public accounting.

2. In addition to
other penalties prescribed by this section, the board may impose a civil
penalty of not more than $1,000, and may charge the certificate holder or
registrant with costs of the proceedings, including attorneys fees and court
costs for its recovery.

Sec. 36. NRS
628.400 is hereby amended to read as follows:

628.400 1. After giving notice and conducting a hearing,[as provided in NRS
628.410,] the board shall revoke the registration [and permit to practice] of a partnership
or corporation if at any time it does not have all the qualifications
prescribed by the section of this chapter under which it qualified for
registration.

2. After giving notice
and conducting a hearing,[as provided in NRS 628.410,] the
board may revoke or suspend the registration of a partnership or corporation,[or may revoke, suspend
or refuse to renew its permit under NRS 628.380 to practice] or may
censure the [holder of any such permit]partnership or corporation, or impose a sanction
authorized by NRS 628.390, for any of the causes enumerated in NRS
628.390, or for [any]one or both of the following additional causes:

(a) The revocation or suspension of the
certificate or registration or the revocation or suspension or refusal to renew
the permit to practice of any partner or shareholder [.]who is personally engaged in the practice of public accounting
in this state, whether or not he holds a live permit in this state.

(b) The cancellation, revocation, suspension or
refusal to renew the authority of the partnership or corporation or any partner
or shareholder thereof to practice public accounting in any other state for any
cause other than failure to pay an annual registration fee [in such]or
comply with a requirement for continuing education or practice review in the other
state.

Sec. 37. NRS
628.410 is hereby amended to read as follows:

628.410 1. The board may
initiate proceedings under this chapter on its own motion or on the complaint
of any person.

2. A written notice of the hearing must
be served on the [accused]respondent not less than 30 days before the date of the
hearing, either personally or by mailing a copy thereof by registered or
certified mail to the address of the [accused] respondent last known to the
board.

respondent not less than 30
days before the date of the hearing, either personally or by mailing a copy
thereof by registered or certified mail to the address of the [accused]respondent
last known to the board.

3. If, after having been served with the
notice of hearing, the [accused]respondent fails to appear at the hearing and defend,
the board may proceed to hear evidence against him and may enter such order as
is justified by the evidence. The order is final unless the [accused]respondent
petitions for a review thereof. Within 30 days [from]after the date of any order, upon a showing of
good cause for failing to appear and defend, the board may reopen the
proceedings and may permit the [accused]respondent to submit evidence in his behalf.

4. At any hearing a corporation may be
represented before the board by counsel or by a shareholder who is a certified
public accountant or registered public accountant
of this state in good standing. The [accused]respondent is entitled, on application to the
board, to the issue of subpenas to compel the attendance of witnesses on his
behalf.

5. The board, or any member thereof, may
issue subpenas to compel the attendance of witnesses and the production of
documents. In case of disobedience to a subpena the board may invoke the aid of
any court of this state in requiring the attendance and testimony of witnesses
and the production of documentary evidence.

6. [The
board is not bound by technical rules of evidence.]A hearing may be conducted by:

(a) The board, less any
member or members who have been disqualified, without the appointment of
persons to hear the case in place of the disqualified members; or

(b) A member of the board
appointed by the board as a hearing officer, with the remaining members of the
board, less any member or members who have been disqualified, to review the
record, make a final decision and issue the order,

unless the board, after
disqualifications, consists of less than three members to hear or review the
case, in which circumstance the governor must appoint one or more qualified
persons so that the panel which hears or reviews the case consists of at least
three persons.

7. A stenographic record of the hearing
must be kept and a transcript thereof filed with the board.

8. At all hearings the attorney general
or one of his deputies designated by him or such other legal counsel as may be
employed shall appear and represent the board.

9. The decision of the board must be by
majority vote thereof.

[10. Any
person adversely affected by any order of the board may obtain a review thereof
by filing a written petition for review with the district court within 30 days
after the entry of the order. The petition must state the grounds upon which
the review is asked and request that the order of the board be modified or set
aside in whole or in part. A copy of the petition must be served forthwith upon
any member of the board, and thereupon the board shall certify and file in the
court a transcript of the record upon which the order complained of was
entered. The case must then be tried de novo on the record made before the board, without the introduction of new or additional
evidence, but the parties must be permitted to file briefs as in a case at law.

the board, without the introduction
of new or additional evidence, but the parties must be permitted to file briefs
as in a case at law. The court may affirm, modify or set aside the boards
order in whole or in part, or may remand the case to the board for further
evidence, and may, in its discretion, stay the effect of the boards order
pending its determination of the case. The courts decision has the force of a
decree in equity.]

Sec. 38. NRS
628.420 is hereby amended to read as follows:

628.420 Upon application in writing and
after a hearing,[pursuant
to notice,] the board may: [issue]

1. Issue a
new certificate to a certified public accountant whose certificate has been
revoked; [, or may
permit]

2. Permit the
registration of [any person]a public accountant whose registration has been revoked; [, or may reissue]

3. Reissue or
modify the suspension of any permit to practice public accounting which has
been revoked or suspended [.]; or

4. Modify any
action taken against any person or any order which it has issued pursuant to
NRS 628.390.

Sec. 39. NRS
628.430 is hereby amended to read as follows:

628.430 All statements, records,
schedules, working papers and memoranda made by a certified public accountant
or a registered public accountant incident to or
in the course of professional service to clients by [such]the accountant, except reports submitted by a certified
public accountant or a registered public
accountant to a client, [shall be and remain]are the property of [such]the accountant, in the absence of an express
agreement between [such]the accountant and the client to the contrary. No such
statement, record, schedule, working paper or memorandum [shall]may be
sold, transferred or bequeathed, without the consent of the client or his
personal representative or assignee, to anyone other than one or more surviving
partners or new partners of [such]the accountant or to his corporation.

Sec. 40. NRS
628.440 is hereby amended to read as follows:

628.440 1. Nothing contained
in this chapter [shall prohibit any person not a
certified public accountant or public accountant]prohibits any person from serving as an employee of, or
an assistant to, a certified public accountant or registered
public accountant [,]who holds a live permit, or partnership or corporation
composed of certified public accountants or registered public
accountants [holding a permit to practice issued
under NRS 628.380 or a foreign accountant registered under NRS 628.330,
provided that such]registered pursuant to
NRS 628.340 and 628.360 if the employee or assistant [shall]does not
issue any accounting or financial statement over his name.

2. The board may adopt [rules and] regulations providing for the
issuance of temporary permits to persons [for the
purpose of enabling such persons]who do
not hold live permits and do not have a registered office or residence in this
state, or to partnerships and corporations which are not registered and have no
registered office, to permit those persons, partnerships and corporations to
fulfill specific engagements or employments [where
the contracts for such engagements and employments were entered into outside]in this state. [Such]A temporary permit: [shall:]

(c) [Not]May not be issued to any [firm,]person unless he is a certified public accountant or
registered public accountant of another state or jurisdiction of the United
States approved by the board, or to any partnership or corporation
unless all of the [members]partners or shareholders thereof are certified public
accountants or registered public accountants of another state [or hold certificates as chartered accountants issued
under the laws of a foreign country; and

(d) Be issued only to an
individual who is a certified public accountant or a registered public
accountant of another state or country in good standing or holds a certificate
as a chartered accountant issued under the laws of a foreign country.]or a jurisdiction of the United State approved by the
board.

3. Each
person,partnership and
corporation applying for a temporary permit shall file with the board a
designation and acceptance of a resident agent for service of legal process and
shall pay a fee [to be determined by the board
not in excess of $50 prior to]established
by the board by regulation before commencing work for a client.

4. The person,
partner or shareholder who is responsible for the conduct of the engagement
shall be deemed to be personally engaged in the practice of public accounting
in this state, and must meet all requirements of NRS 628.310 and requirements
for continuing education but must not be eligible for certification under
subsection 1 of NRS 628.190.

5. A person who
holds a temporary permit is subject to all of the provisions of this chapter
relating to discipline. The board may refuse to act upon an application for
further permits for a period of time set by the board, or may refuse to issue a
temporary permit to any person, partnership or corporation if disciplinary
proceedings are pending in any jurisdiction.

Sec. 41. NRS
628.450 is hereby amended to read as follows:

628.450 [1. Except
as otherwise provided in subsection 2, no]A person shall not assume
or use the title or designation certified public accountant or the
abbreviation C.P.A. or any other title, designation, words, letters,
abbreviation, sign, card or device tending to indicate that [such person]he is
a certified public accountant, unless [such
person]he has received a
certificate as a certified public accountant under NRS 628.190 to 628.310,
inclusive, holds a live permit, and all of [such
persons]his offices in this state
for the practice of public accounting are maintained and registered as required
under NRS 628.370.

[2. A
foreign accountant who has registered under the provisions of NRS 628.330, and
who holds a live permit, may use the title under which he is generally known in
his country, followed by the name of the country from which he received his
certificate, license or degree.]

Sec. 42. NRS
628.460 is hereby amended to read as follows:

628.460 [No]A partnership or corporation shall not assume or use the title or designation certified
public accountant or the abbreviation C.P.A. or any other title,
designation, words, letters, abbreviation, sign, card or device tending to
indicate that [such]the partnership or corporation is composed of certified
public accountants unless [such]the partnership or corporation is registered as a
partnership or corporation of certified public accountants under NRS 628.340 [, holds a live permit] and all offices
of [such]the
partnership or corporation in this state for the
practice of public accounting are maintained as required under NRS 628.370.

this state for the practice of public accounting are
maintained as required under NRS 628.370.

Sec. 43. NRS
628.470 is hereby amended to read as follows:

628.470 [No]A person shall not assume
or use the title or designation public accountant [], registered public accountant or any other
title, designation, words, letters, abbreviation, sign, card or device tending
to indicate that [such person]he is a public accountant unless [such person is registered as a]he is a registered public accountant, [under NRS 628.350,]
holds a live permit, and all of [such persons]his offices in this state for the practice of
public accounting are maintained and registered as required under NRS 628.370,
or unless [such person]he has received a certificate as a certified public
accountant under NRS 628.190 to 628.310, inclusive, holds a live permit, and
all of [such persons]his offices in this state for the practice of public
accounting are maintained and registered as required by NRS 628.370.

Sec. 44. NRS
628.480 is hereby amended to read as follows:

628.480 [No]A partnership or corporation shall not assume or use the title or designation public
accountant or any other title, designation, words, letters, abbreviation,
sign, card or device tending to indicate that [such]the partnership or corporation is composed of
public accountants, unless [such]the partnership or corporation is registered as a
partnership or corporation of registered public
accountants under NRS 628.360 or as a partnership or corporation of certified
public accountants under NRS 628.340 and [holds a
live permit, and] all offices of [such
partnerships or corporation]the
partnership or corporation in this state for the practice of public
accounting are maintained and registered as required under NRS 628.370.

Sec. 45. NRS
628.490 is hereby amended to read as follows:

628.490 1. Except as
otherwise provided in [subsection 2 and 3, no]subsection 2, a person, partnership or
corporation shall not assume or use the title or
designation certified accountant, [chartered
accountant, enrolled accountant, licensed accountant, registered
accountant] or any other title or disposition likely to be
confused with certified public accountant or public accountant, or any of
the abbreviations C.A., P.A., [E.A., R.A.
or L.A.,] or similar abbreviations likely to be confused with
C.P.A.

2. Anyone who holds a live permit and all
of whose offices in this state for the practice of public accounting are
maintained and registered as required under NRS 628.370
and 628.380 may hold himself out to the public as an accountant or [auditor.

3. A foreign
accountant registered under NRS 628.330, who holds a live permit and all of
whose offices in this state for the practice of public accounting are
maintained and registered as required under NRS 628.370, may use the title
under which he is generally known in his country, followed by the name of the
country from which he received his certificate, license or degree.]auditor and if he is a holder of a certificate, as a
certified public accountant, C.P.A. or CPA, or if he is registered, as a
public accountant, P.A. or PA.

Sec. 46. NRS
628.510 is hereby amended to read as follows:

628.510 1. Except as
otherwise provided in subsection 2, [no]a person shall not sign
or affix his name or the name of a partnership or corporation, or any trade or assumed name used by him or by the
partnership or corporation in [his profession or] business, with any wording
indicating that he is an accountant or auditor, or that the partnership or
corporation is authorized to practice as an accountant or auditor or with any
wording indicating that he or the partnership or corporation has expert
knowledge in accounting or auditing, to any accounting or financial statement,
or [to any opinion on, report on or certificate to any accounting or financial
statement,] attest to any accounting or financial statement, unless he holds a
live permit, or the partnership or corporation is registered pursuant to NRS
628.340 to 628.360, and all of his offices in this state for the practice of
public accounting are maintained and registered under NRS 628.370.

corporation, or any trade or
assumed name used by him or by the partnership or
corporation in [his profession or]
business, with any wording indicating that he is an accountant or auditor, or that the partnership or corporation is authorized to
practice as an accountant or auditor or with any wording indicating that
he or the partnership or corporation has expert
knowledge in accounting or auditing, to any accounting or financial statement,
or [to any opinion on, report on or certificate
to any accounting or financial statement,]attest to any accounting or financial statement, unless
he holds a live permit, or the partnership or corporation
is registered pursuant to NRS 628.340 to 628.360, and all of his offices
in this state for the practice of public accounting are maintained and
registered under NRS 628.370.

2. The provisions of subsection 1 [shall]do not
prohibit:

(a) Any officer, employee, partner or principal
of any organization from affixing his signature to any statement or report in
reference to the financial affairs of [such]that organization with any wording designating
the position, title or office which he holds in [such]the organization.

(b) Any act of a public official or public
employee in the performance of his duties as such.

Sec. 47. NRS
628.520 is hereby amended to read as follows:

628.520 [No]A person shall not sign
or affix a partnership or corporate name, with any wording indicating that it
is a partnership or corporation composed of accountants or auditors or persons
having expert knowledge or special expertise in
accounting or auditing, to any accounting or financial statement, [or to any report on or certificate]or attest to any accounting or financial statement,
unless the partnership or corporation [holds a
live permit]is registered pursuant to NRS
628.340 or 628.360, and all of its offices in this state for the
practice of public accounting are maintained and registered as required under
NRS 628.370.

Sec. 48. NRS
628.540 is hereby amended to read as follows:

628.540 1. Except as otherwise
provided in subsection 2, [no]a person, partnership or corporation [not holding a live permit,] shall not engage in the practice of public accounting or hold
himself or itself out to the public as an accountant or auditor by use of
either or both of [such]those words, or by use of the word accounting, or any
sign, card, letterhead or in any advertisement or directory [.]unless, if a
natural person, he holds a live permit, or if a partnership or corporation, it
is registered pursuant to NRS 628.340 or 628.360.

2. The provisions of subsection 1 [shall]do not
prohibit:

(a) Any officer, employee, partner, shareholder
or principal of any organization from describing himself by the position, title
or office he holds in [such]that organization.

(b) Any act of a public official or public
employee in the performance of his duties as such.

Sec. 49. NRS
628.550 is hereby amended to read as follows:

628.550 [No
person shall]1. A person
shall not assume or use the title or designation certified public
accountant or public accountant in conjunction with names indicating or
implying that there is a partnership or corporation, or in conjunction with the
designation and Company or and Co. or a similar designation if [, in any such case,]there is in fact no bona fide partnership or corporation
registered under NRS 628.340 or 628.360.

there is in fact no bona fide partnership or corporation
registered under NRS 628.340 or 628.360. [; but a]A sole
proprietor or partnership lawfully using [such]a title or designation in conjunction with [such]any names
or designation on April 1, 1960, may continue to do so if he or it otherwise
complies with the provisions of this chapter.

2. A person,
partnership or corporation shall not engage in the practice of public
accounting under any name which is misleading as to:

(a) The legal form of the
firm;

(b) The persons who are
partners, officers or shareholders; or

(c) Any other matter.

The names of past partners or
shareholders may be included in the name of a firm or its successors.

Sec. 50. NRS
233B.039 is hereby amended to read as follows:

233B.039 1. The following
agencies are entirely exempted from the requirements of this chapter:

(a) The governor.

(b) The department of prisons.

(c) The University of Nevada System.

(d) The department of the military.

(e) The state gaming control board.

(f) The Nevada gaming commission.

(g) The state board of parole commissioners.

(h) The welfare division of the department of
human resources.

(i) The state board of examiners acting pursuant
to chapter 217 of NRS.

2. The departmentof
education is subject to the provisions of this chapter for the purpose of
regulation-making but not with respect to any contested case.

3. The Nevada
state board of accountancy is not subject to the provisions of this chapter for
the purpose of adopting rules of professional conduct for accountants and
auditors.

4. The
special provisions of:

(a) NRS 439A.105 for the review of decisions
involving the issuance of letters of approval for health facilities and
agencies;

(b) Chapter 612 of NRS for the distribution of
regulations by and the judicial review of decisions of the employment security
department;

(c) Chapters 616 and 617 of NRS for the
determination of contested claims; and

(d) Chapters 704 and 706 of NRS for the judicial
review of decisions of the public service commission of Nevada,

prevail over the general provisions of this chapter.

[4.]5. The provisions of this chapter do not
apply to any order for immediate action, including but not limited to
quarantine and the treatment or cleansing of infected or infested animals,
objects or premises, made under the authority of the state board of
agriculture, the state board of health, the state board of sheep commissioners
or any other agency of this state in the discharge of a responsibility for the
preservation of human or animal health or for insect or pest control.

Sec. 52. When
he appoints persons to succeed members of the Nevada state board of accountancy
whose terms expire on October 31, 1983, the governor shall appoint one member
to a term of 2 years and the remaining members to terms of 3 years.

Sec. 53. Section
37 of this act shall become effective at 12:01 a.m. on July 1, 1981.

________

CHAPTER 637, SB 488

Senate Bill No. 488Committee
on Government Affairs

CHAPTER 637

AN ACT relating to public borrowing and
bonds; amending the limits on the rates of interest governmental entities may pay
to borrow; and providing other matters properly relating thereto.

[Approved June 14, 1981]

The People of the State of Nevada, represented in
Senate and Assembly, do enact as follows:

Section 1. NRS
349.076 is hereby amended to read as follows:

349.076 Except [where
the provisions, whenever enacted, of a general or special law authorize a
higher rate, the maximum rate]as
otherwise provided by a specific statute, the rate or rates of interest
on securities issued by the state [shall not
exceed 9 percent per annum.]must not
exceed by more than 3 percent the Dow Jones Municipal Bond Index which was most
recently published before the bids are received or a negotiated offer is
accepted.

Sec. 2. NRS
349.077 is hereby amended to read as follows:

349.077 Except [where
the provisions, whenever enacted, of a general or special law prohibit discount
or authorize a greater discount,]as
otherwise provided by a specific statute, securities issued by the state
may be sold at par, above par or below par at a discount of not more than 9
percent of the principal amount, but the effective interest rate [shall not exceed 9 percent per annum.]must not exceed by more than 3 percent the Dow Jones Municipal
Bond Index which was most recently published before the bids are received or a
negotiated offer is accepted.

Sec. 3. NRS
349.260 is hereby amended to read as follows:

349.260 Except as otherwise provided in
the constitution of the state and as otherwise provided in the State Securities
Law and in any other act the provisions of which are relevant by express
reference herein thereto, any state securities issued hereunder [shall]must be:

1. In such a form;

2. Issued in such a
manner, at, above or below par at a discount not exceeding 9 percent of
the principal amount of the securities, and at a price which will result in an
effective interest rate [of not more than 9
percent per annum;]which does not exceed
by more than 3 percent the Dow Jones Municipal Bond Index which was most
recently published before the bids are received or a negotiated offer is
accepted;

(a) For the application of any accrued interest
and any premium from the sale of any bonds or other state securities hereunder
as provided in NRS 349.294;

(b) For the registration of the bonds or other
securities for payment as to principal only, or as to both principal and interest,
at the option of any holder of a bond or other security, or for registration
for payment only in either manner designated;

(c) For the endorsement of payments of interest
on the bonds or other securities or for reconverting the bonds or other securities
into coupon bonds or other coupon securities, or both for such endorsement and
such reconversion, where any bond or other security is registered for payment
as to interest; and where interest accruing on the securities is not
represented by interest coupons the securities may provide for the endorsing of
payments of interest thereon;

(d) For the endorsement of payments of principal
on the bonds or other securities, where any bond or other securities are
registered for payment as to principal;

(e) For the initial issuance of one or more
bonds or other securities aggregating the amount of the entire issue or any
portion thereof, and the endorsement of payments of interest or principal, or
both interest and principal, on the securities;

(f) For the manner and circumstances in and
under which any such bond or other securities may in the future, at the request
of the holder thereof, be converted into bonds or other securities of larger or
smaller denominations, which bonds or other securities of larger or smaller
denominations may in turn be either coupon bonds or other coupon securities or
bonds or other securities registered for payment, or coupon bonds or other
coupon securities with provisions for registration for payment.

(g) For the reissuance of any outstanding bonds
or other securities, and the terms and conditions thereof, whether lost,
apparently destroyed, wrongfully taken, or for any other reason, as provided in
the Uniform Commercial CodeInvestment Securities, or otherwise;

(h) For the deposit of [moneys,]money, federal securities or other securities of
the Federal Government, or both [moneys and all]money and such securities, with and securing
their repayment by a commercial bank or commercial banks within or without or
both within and without this state; and

(i) For the payment of costs of expenses
incident to the enforcement of the securities or of the provisions of the
resolution or of any covenant or contract with the holders of the securities;
and

4. Issued otherwise with such recitals,
terms, covenants, conditions and other provisions,

as may be provided by the commission in a resolution
authorizing their issuance and in any indenture or other proceedings
appertaining thereto.

Sec. 4. NRS
349.276 is hereby amended to read as follows:

349.276 1. As the commission
may determine, any bonds and other state securities issued hereunder, except as
otherwise provided in the constitution of the state, or in the State Securities
Law, or in any act supplemental thereto, [shall:]must: